(a) Eligibility for CFC ERS. A DSA must ensure that CFC ERS is provided only to an individual:
  (1) who is not receiving SFS or CFS; and
  (2) who:
    (A) lives alone, who is alone for significant parts of the day, or has no regular caregiver for extended periods of time; and
    (B) would otherwise require extensive routine supervision.
(b) Installing equipment.
  (1) A DSA must ensure that CFC ERS equipment is installed no later than 14 business days after one of the following dates, whichever is later:
    (A) the date HHSC approves the proposed IPC that includes CFC ERS; or
    (B) the effective date of the individual's IPC as determined by the service planning team.
  (2) At the time CFC ERS equipment is installed, a DSA must ensure that:
    (A) the equipment is installed in accordance with the manufacturer's installation instructions;
    (B) an initial test of the equipment is made;
    (C) the equipment has an alternate power source in the event of a power failure;
    (D) the individual is trained on the use of the equipment, including:
      (i) demonstrating how the equipment works; and
      (ii) having the individual activate an alarm call;
    (E) an explanation is given to the individual that the individual must:
      (i) participate in a system check each month; and
      (ii) contact the CFC ERS provider if:
        (I) the individual's telephone number or address changes; or
        (II) one or more of the individual's responders change; and
    (F) the individual is informed that a responder, in response to an alarm call, may forcibly enter the individual's home if necessary.
  (3) A DSA must ensure that the date and time of the CFC ERS equipment installation and compliance with the requirements in paragraphs (1) and (2) of this subsection are documented in the individual's record.
(c) Securing responders. A DSA must ensure that, on or before the date CFC ERS equipment is installed:
  (1) an attempt is made to obtain from an individual, the names and telephone numbers of at least two responders, such as a relative or neighbor;
  (2) public emergency personnel:
    (A) is designated as a second responder if the individual provides the name of only one responder; or
    (B) is designated as the sole responder if the individual does not provide the names of any responders; and
  (3) the name and telephone number of each responder is documented in the individual's record.
(d) Conducting a system check.
  (1) At least once during each calendar month a DSA must ensure that a system check is conducted on a date and time agreed to by an individual.
  (2) A DSA must ensure that the date, time, and result of the system check is documented in the individual's record.
  (3) If, as a result of the system check:
    (A) the equipment is working properly but the individual is unable to successfully activate an alarm call, the DSA must ensure that a request is made of the case manager to convene a service planning team meeting to determine if CFC ERS meets the individual's needs; or
    (B) the equipment is not working properly, the DSA must ensure that, no later than three calendar days after the date of the system check, the equipment is repaired or replaced.
(e) Failing to complete a system check. If a system check is not conducted in accordance with subsection (d)(1) of this section, a DSA must ensure that:
  (1) the failure to comply is because of good cause; and
  (2) the good cause is documented in an individual's record.
(f) Alarm call.
  (1) A DSA must ensure that an alarm call is responded to 24 hours a day, seven days a week.
  (2) A DSA must ensure that, if an alarm call is made, a CFC ERS provider:
    (A) within 60 seconds of the alarm call, attempts to contact an individual to determine if an emergency exists;
    (B) immediately contacts a responder, if as a result of attempting to contact the individual:
      (i) the CFC ERS provider confirms there is an emergency; or
      (ii) the CFC ERS provider is unable to communicate with the individual; and
    (C) documents the following information in the individual's record when the information becomes available:
      (i) the name of the individual;
      (ii) the date and time of the alarm call, recorded in hours, minutes, and seconds;
      (iii) the response time, recorded in seconds;
      (iv) the time the individual is called in response to the alarm call, recorded in hours, minutes, and seconds;
      (v) the name of the contacted responder, if applicable;
      (vi) a brief description of the reason for the alarm call; and
      (vii) if the reason for the alarm call is an emergency, a statement of how the emergency was resolved.
  (3) If an alarm call results in a responder being dispatched to an individual's home for an emergency, the DSA must ensure that:
    (A) the case manager receives written notice of the alarm call within one business day after the date of the alarm call;
    (B) if the CFC ERS provider is a contracted provider, the DSA receives written notice from the contracted provider within one business day after the alarm call; and
    (C) the written notices required by subparagraphs (A) and (B) of this paragraph are maintained in the individual's record.
(g) Equipment failure.
  (1) A DSA must ensure that, if an equipment failure occurs, other than during a system check required by subsection (d)(1) of this section:
    (A) the individual is informed of the equipment failure; and
    (B) the equipment is replaced within one business day after the failure becomes known by the CFC ERS provider.
  (2) If an individual is not informed of the equipment failure or the equipment is not replaced in compliance with paragraph (1) of this subsection, a DSA must:
    (A) determine whether the failure to inform the individual or replace the equipment was because of good cause; and
    (B) as soon as possible, ensure that the individual is informed of the equipment failure and the equipment is replaced.
(h) Low battery.
  (1) A DSA must ensure that, if the ERS equipment registers five or more "low battery" signals in a 72-hour period:
    (A) a visit to an individual's home is made to conduct a system check no later than five business days after the low battery signals occur; and
    (B) if the battery is defective, the battery is replaced during the visit.
  (2) If a system check or battery replacement is not made in accordance with paragraph (1) of this subsection, a DSA must:
    (A) determine whether the failure to conduct a system check or replace a defective battery was because of good cause; and
    (B) as soon as possible, conduct a system check and replace a defective battery.
(i) Documenting equipment failure or low battery. A DSA must ensure that the following information is documented in an individual's record:
  (1) the date the equipment failure or low battery signal became known by the CFC ERS provider;
  (2) the equipment or subscriber number;
  (3) a description of the problem;
  (4) the date the equipment or battery was repaired or replaced; and
  (5) the good cause for failure to comply with subsections (g)(2)(A) and (h)(2)(A) of this section.

Source Note: The provisions of this §259.89 adopted to be effective January 30, 2023, 48 TexReg 362