(a) A provider agency must deliver hot food within four hours of the time the hot food is removed from cooking or reheating equipment.
(b) A provider agency must prepare and package meals so that delivery is made within the required delivery period of 10:30 a.m. to 1:30 p.m. or as approved by the contract manager on a case-by-case basis.
(c) Food temperature of meals prepared and packaged for delivery at the preparation site must be below 41 degrees Fahrenheit for cold food items and above 140 degrees Fahrenheit for hot food items.
(d) A provider agency must provide meals according to DADS service authorization form.
  (1) The provider agency must document each meal as being delivered or undelivered.
  (2) The provider agency must deliver the meal to the individual or responsible party.
    (A) If the individual or responsible party is not present to accept the meal, the provider agency must not leave the meal.
    (B) The provider agency must handle undelivered meals in accordance with its policy on undelivered meals.
    (C) The provider agency must document the meal as undelivered and document the reason it was unable to deliver the meal. Documentation must be maintained according to the terms of the contract. If there is no documentation available to support a reason acceptable to DADS for the meals being marked as undelivered, DADS considers this a break in service.
(e) If an individual or responsible party is not home to accept delivery of a meal for two consecutive service days or for three nonconsecutive service days in a calendar month, the provider agency must notify the individual's case manager within one working day after the date of the last unsuccessful delivery.
  (1) The provider agency must notify the individual's case manager orally or by fax.
  (2) If the provider agency notifies the case manager orally, the provider agency must send written notification to the case manager within five working days of the initial notification.

Source Note: The provisions of this §281.27 adopted to be effective March 1, 2004, 29 TexReg 1672; amended to be effective June 12, 2014, 39 TexReg 4657; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4063