(a) The program provider must employ or contract with a person who oversees the provision of Home and Community-based Services Program (HCS) Program services and CFC services to an individual. The person must:
  (1) have at least three years paid work experience in planning and providing HCS Program services or CFC services to an individual with an intellectual disability or related condition as verified by written statements from the person's employer;
  (2) have at least three years of experience planning and providing services like HCS Program services or CFC services to a person with an intellectual disability or related condition as verified by written statements from organizations or agencies that provided services to the person; or
  (3) have at least three years of experience on a microboard with duties that include overseeing, planning, or providing services to an individual with an intellectual disability or related condition as verified, in a statement by the board of directors of the non-profit corporation that the person is a member of the microboard.
(b) The program provider must ensure that a staff member or service provider of individualized skills and socialization, supported home living, host home/companion care, supervised living, residential support, respite, supportive employment, and employment assistance:
  (1) meets the criteria for employment in the HCS Billing Requirements and Appendix C of the HCS Program waiver application from CMS located on the Texas Health and Human Services Commission (HHSC) website; and
  (2) is qualified to deliver required services from the person-directed plan, individual plan of care, and implementation plan to meet the needs of each individual it provides services to as evidence by:
    (A) documented training specific to the individual's needs and characteristics conducted before service provision and at least every twelve months thereafter;
    (B) observed competency; and
    (C) if the service provider participates in developing an implementation plan for CFC personal assistance services/habilitation (CFC PAS/HAB), the service provider or staff member must complete the Online Introductory Course to Person Centered Planning training approved by HHSC within 90 days of hire.
(c) A program provider must develop and implement policy and procedures that ensure only qualified service providers administer nursing, dental, or professional therapies which includes:
  (1) ensuring that the service providers:
    (A) meet eligibility criteria in the HCS Billing Requirements and Waiver Application from the Centers for Medicare and Medicaid Services located on the HHSC website; and
    (B) if providing behavioral support services, complete the web-based HCS and Texas Home Living Behavioral Support Services Provider Policy Training available on the HHSC website:
      (i) before providing behavioral support services;
      (ii) within 90 calendar days after the date HHSC issues notice to program providers that HHSC revised the web-based training; and
      (iii) within three years after the most recent date of completion.
  (2) putting safeguards in place to ensure:
    (A) the service provider continues to be licensed and in good standing with its licensing board during the provision of services to an individual;
    (B) the service provider only provides services that fall within the scope of its license as defined in the Texas Occupation Code;
    (C) the program provider complies with each applicable regulation required by the State of Texas in ensuring that its operations, staff members and service providers meet state certification, licensure, and regulatory requirements for any tasks performed or services delivered in part or in entirety for the HCS Program; and
    (D) the policy or practice is revised if a shortcoming is identified.
(d) A program provider must ensure that a service provider of transition assistance services (TAS):
  (1) is at least 18 years of age;
  (2) has a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma;
  (3) is not a relative of the applicant;
  (4) is not the legally authorized representative (LAR) of the applicant;
  (5) does not live with the applicant; and
  (6) can provide TAS and complying with the documentation requirements described in §565.21(a)(2)(A) of this chapter (relating to Transitional Assistance Service (TAS)).
(e) A program provider must:
  (1) ensure that a service provider of CFC PAS/HAB:
    (A) is at least 18 years of age;
    (B) has:
      (i) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or
      (ii) documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:
        (I) a written competency-based assessment of the ability to document service delivery and observations of the individuals to be served; and
        (II) at least three written personal references from persons not related by blood that indicate the ability to provide a safe, healthy environment for the individuals being served;
    (C) is not:
      (i) the spouse of the individual; or
      (ii) a parent of the individual if the individual is a minor; and
    (D) meets any other qualifications requested by the individual or LAR based on the individual's needs and preferences; and
  (2) if requested by an individual or LAR:
    (A) allow the individual or LAR to:
      (i) train a CFC PAS/HAB service provider in the specific assistance needed by the individual; and
      (ii) have the service provider perform CFC PAS/HAB in a manner that comports with the individual's personal, cultural, or religious preferences; and
    (B) ensure that a CFC PAS/HAB service provider attends training by HHSC to meets any additional qualifications requested by the individual or LAR.

Source Note: The provisions of this §565.7 adopted to be effective June 21, 2023, 48 TexReg 3246