Section 264.238 - Service Delivery Requirements(a) The employer or DR must ensure that services provided through the CDS option: (1) are included on the individual's HHSC authorized service plan and, if required by the program rules, included on any other plan such as the habilitation plan or implementation plan;(2) are budgeted in the employer budget;(3) are provided only to the individual;(4) are not provided if the individual receiving services becomes ineligible for program services; and(5) meet requirements for payment in accordance with program rules and § 41.241 of this subchapter (relating to Payment of Services).(b) If nursing services are included on the service plan, the employer or DR must: (1) if the employer or DR hires an RN to deliver the service, obtain a completed HHSC Form 1747, Acknowledgment of Nursing Requirements, from the RN before the RN provides nursing services to the individual;(2) if the employer or DR hires a licensed vocational nurse (LVN) to deliver the service, obtain a completed HHSC Form 1747 from the LVN before the LVN provides nursing services to the individual;(3) maintain completed HHSC Forms 1747 in the individual's home and send a copy of the completed forms to the FMSA before delivery of nursing services; and(4) if program rules require that the individual's program provider's nurse complete the initial and annual nursing assessment:(A) provide a copy of the program provider's nursing assessment, including the number of nursing hours authorized, to the CDS nurse; and(B) if the CDS nurse disagrees with the number of authorized nursing hours, ensure that the CDS nurse provides justification to the service planning team for consideration and a possible service plan revision.(c) If HHSC determines that an employer or DR is not in compliance with this section, HHSC may require the employer to develop and implement a corrective action plan in accordance with § 41.221 of this subchapter (relating to Corrective Action Plans).26 Tex. Admin. Code § 264.238
Transferred from 40 TAC § 41.238 Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 4433, eff. 9/1/2024