(a) Purpose. This section establishes the requirements for respite voucher services, a service provided under the Older Americans Act and funded, in whole or in part, by DADS.
(b) Description of services. Respite voucher services are the provision of vouchers to a program participant to allow the program participant to select a respite provider, establish a work schedule and payment rate, and provide the respite provider information and training on the program participant's needs.
(c) Eligibility.
  (1) In accordance with the Older Americans Act, §372, a AAA must ensure that a program participant who receives respite voucher services is:
    (A) an adult who is an informal provider of in-home and community care for an individual who:
      (i) is 60 years of age or older; and
        (I) is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or
        (II) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another person; or
      (ii) has Alzheimer's disease or a related disorder with neurological and organic brain dysfunction; or
    (B) a person who is 55 years of age or older who:
      (i) is a grandparent, step-grandparent, or relative by blood, marriage, or adoption of an individual with a disability or a child;
      (ii) is the primary caregiver for the individual with a disability or the child because the individual's or child's biological or adoptive parents are unable or unwilling to serve as the primary caregiver; and
      (iii) lives with the individual with a disability or the child; and
        (I) has a legal relationship to the individual or the child, such as guardianship; or
        (II) is caring for the individual or the child informally.
  (2) An adult who is paid by a person or entity to provide caregiving services to an individual described in paragraph (1) of this subsection is not eligible to receive respite voucher services in regard to the same individual.
(d) Targeting. In the provision of respite voucher services a AAA must ensure that:
  (1) priority is given to persons described in §85.201(f) of this chapter (relating to AAA Administrative Responsibilities);
  (2) for persons described in subsection (c)(1)(A)(ii) of this section, priority is given to persons who provide care for individuals who are 60 years of age or older with Alzheimer's disease or a related disorder with neurological and organic brain dysfunction; and
  (3) for persons described in subsection (c)(1)(B) of this section, priority is given to persons who provide care for children with severe disabilities.
(e) Application process. A AAA must:
  (1) implement an application process to allow a person to apply for respite voucher services;
  (2) process the applications received, including verifying that the requirement described in subsection (c)(1)(A) or (c)(1)(B) of this section are met; and
  (3) notify the applicant of whether or not the application is approved.
(f) Information for program participants. A AAA must give a program participant written information to assist the program participant in performing the following activities:
  (1) interviewing potential respite providers;
  (2) requiring potential respite providers to provide references;
  (3) checking references of respite providers;
  (4) selecting a qualified respite provider in accordance with subsection (g) of this section;
  (5) deciding upon, in discussion with the respite provider, an hourly, daily, or weekly rate to be paid to the provider;
  (6) informing or training the respite provider on the specific needs of the program participant;
  (7) ensuring proper payment for respite voucher services by recording the number of hours or days of respite used and the total amount claimed against the voucher;
  (8) ensuring federal tax guidelines for household employees are followed in accordance with IRS Publication 926;
  (9) notifying the AAA if the program participant's address changes;
  (10) monitoring the quality of the respite voucher services provided; and
  (11) notifying the AAA if the program provider is dissatisfied with a respite provider.
(g) Qualifications of a respite provider. A respite provider selected by a program participant:
  (1) must be an adult;
  (2) may be, except as provided in paragraph (3) of this subsection, any person or entity, including a family member or friend of the program participant or a licensed adult day care facility; and
  (3) must not:
    (A) be the spouse or legal guardian of the program participant; or
    (B) live with the program participant.
(h) Assistance in finding a respite provider. A AAA must assist a program participant in finding a respite provider if such assistance is requested by the program participant.

Source Note: The provisions of this §213.219 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