(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.
  (4) A program provider must ensure that a respite service provider meets the qualifications described in §260.203 of this chapter (relating to Qualifications of Program Provider Staff) and the training requirements described in §260.205 of this chapter (relating to Training).
(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.

Source Note: The provisions of this §260.353 adopted to be effective February 26, 2023, 48 TexReg 896