The program provider must provide pre-enrollment minor home modifications and a pre-enrollment minor home modifications assessment in accordance with this subsection.
  (1) The program provider must:
    (A) complete a pre-enrollment minor home modifications assessment in accordance with the Home and Community-based Services (HCS) Program Billing Requirements;
    (B) provide pre-enrollment minor home modifications to an applicant for whom the program provider receives from the service coordinator a completed Pre-enrollment Minor Home Modifications/Assessments Authorization form authorized by the Texas Health and Human Services Commission (HHSC), as described in §263.104(k)(8)(C) of this title (relating to Process for Enrollment of Applicants);
    (C) provide to the applicant the specific pre-enrollment minor home modifications identified on the form;
    (D) provide the pre-enrollment minor home modifications for the applicant within the monetary amount identified on the form;
    (E) ensure pre-enrollment minor home modifications and pre-enrollment minor home modifications assessments are provided in accordance with Appendix C of the HCS Program waiver application approved by the Centers for Medicare and Medicaid Services (CMS) and found on the HHSC website; and
    (F) complete the pre-enrollment minor home modifications at least two days before the date of the applicant's discharge from the nursing facility, intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID), or general residential operation (GRO) unless the delay in completion is beyond the control of the program provider.
  (2) If the program provider does not complete pre-enrollment minor home modifications in accordance with paragraph (1) of this subsection, the program provider must:
    (A) document:
      (i) a description of the pending modifications;
      (ii) the reason for the delay;
      (iii) the date the program provider anticipates it will complete the pending modifications or specific reasons why the program provider cannot anticipate a completion date; and
      (iv) a description of the program provider's ongoing efforts to complete the modifications; and
    (B) at least two days before the date of the applicant's discharge from the nursing facility, ICF/IID, or GRO, provide the information described in subparagraph (A) of this paragraph to:
      (i) the applicant or legally authorized representative (LAR); and
      (ii) the service coordinator.
  (3) Within one business day after completion of the pre-enrollment minor home modifications, the program provider must notify the service coordinator and the applicant or LAR that the modifications have been completed.

Source Note: The provisions of this §565.17 adopted to be effective June 21, 2023, 48 TexReg 3246