(a) A provider agency must have written procedures in place to ensure it investigates and reports to the appropriate persons or entities any significant changes in the client's physical or mental condition or environment. These procedures must require the following:
  (1) The provider agency notifies a client's case manager, orally or by fax, within one working day after becoming aware of significant changes in the client's physical or mental condition or environment.
  (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 verbal notification.
  (3) The provider agency retains the following in its files, according to the terms of the contract:
    (A) a copy of the written procedures;
    (B) reports of significant changes received;
    (C) investigations of reports; and
    (D) a copy of the written notification to the case manager.
(b) A provider agency must inform the client about safety, health, or fire hazards identified in the client's home when the provider agency discovers these hazards. The provider agency must retain documentation of such communications in its files, according to the terms of the contract.
(c) A provider agency must notify the Texas Department of Human Services (DHS) personnel listed in paragraph (2) of this subsection, orally or by fax, within one working day after an incident that may prevent the provider agency from delivering meals to one or more clients.
  (1) A reportable incident includes:
    (A) weather-related emergency;
    (B) fire; or
    (C) other natural disaster.
  (2) The provider agency must report an incident to:
    (A) the contract manager;
    (B) the clients' case manager(s) or supervisors; or
    (C) both the contract manager and the clients' case manager(s) or supervisors.
  (3) If the provider agency notifies the case manager orally, the provider agency must send written notification to the contract manager or case manager, or both, within five working days of the initial notification.
  (4) The provider agency must retain documentation, including the written notification, of an incident that may prevent meal delivery. Documentation must be retained in the files, according to the terms of the contract.
(d) A provider agency must have written procedures to provide food to clients in emergencies and disasters. The provider agency must have a copy of the procedures in its files, according to the terms of the contract.

Source Note: The provisions of this §281.29 adopted to be effective March 1, 2004, 29 TexReg 1672; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4063