(a) The program provider must ensure the continuous availability of trained and qualified employees and contractors to provide the services in an individual's IPC.
(b) The program provider must comply with applicable laws and regulations to ensure that:
(1) its operations meet necessary requirements; and
(2) its employees or contractors possess legally necessary licenses, certifications, registrations, or other credentials and are in good standing with the appropriate professional agency before performing any function or delivering services.
(c) The program provider must employ or contract with a service provider of the individual's or LAR's choice to provide a TxHmL Program service or a CFC service if that service provider:
(1) is qualified to provide the service;
(2) unless the program provider agrees to pay a higher amount, provides the service at or below:
(3) contracts with or is employed by the program provider.
(d) The program provider must:
(1) conduct initial and periodic training that ensures staff members and service providers are trained and qualified to deliver services as required by the current needs and characteristics of the individual to whom they deliver services; and
(2) ensure that a staff member who participates in developing an implementation plan for CFC PAS/HAB completes person-centered service planning training approved by HHSC:
(e) The program provider must implement and maintain personnel practices that safeguard an individual against infectious and communicable diseases.
(f) The program provider must prevent:
(1) conflicts of interest between program provider personnel and an individual;
(2) financial impropriety toward an individual;
(3) abuse, neglect, or exploitation of an individual; and
(4) threats of harm or danger toward an individual's possessions.
(g) The program provider must employ or contract with a person who oversees the provision of TxHmL Program services and CFC services to an individual. The person must:
(1) have at least three years paid work experience in planning and providing TxHmL 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; or
(2) have both of the following:
(h) The program provider must ensure that a service provider of community support, day habilitation, or respite is at least 18 years of age and:
(1) has a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or
(2) has documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:
(i) The program provider must ensure that a service provider of employment assistance or a service provider of supported employment:
(1) is at least 18 years of age;
(2) is not:
(3) has:
(j) A program provider must ensure that the experience required by subsection (i) of this section is evidenced by:
(1) for paid experience, a written statement from a person who paid for the service or supervised the provision of the service; and
(2) for unpaid experience, a written statement from a person who has personal knowledge of the experience.
(k) The program provider must ensure that a service provider who provides transportation:
(1) has a valid driver's license; and
(2) transports individuals in a vehicle insured in accordance with state law.
(l) The program provider must ensure that dental treatment is provided by a dentist licensed in accordance with Texas Occupations Code, Chapter 256.
(m) The program provider must ensure that nursing is provided by an RN or an LVN.
(n) The program provider must ensure that adaptive aids meet applicable standards of manufacture, design, and installation.
(o) The program provider must ensure that a service provider of behavioral support:
(1) meets one of the following:
(2) completes the web-based HHSC HCS and TxHmL Behavioral Support Services Provider Policy Training available on the HHSC website:
(p) The program provider must ensure that minor home modifications are delivered by contractors who provide the service in accordance with state and local building codes and other applicable regulations.
(q) The program provider must ensure that a service provider of professional therapies is licensed for the specific therapeutic service provided as follows:
(1) for audiology services, an audiologist licensed in accordance with Texas Occupations Code, Chapter 401;
(2) for speech and language pathology services, a speech-language pathologist or licensed assistant in speech-language pathology licensed in accordance with Texas Occupations Code, Chapter 401;
(3) for occupational therapy services, an occupational therapist or occupational therapy assistant licensed in accordance with Texas Occupations Code, Chapter 454;
(4) for physical therapy services, a physical therapist or physical therapist assistant licensed in accordance with Texas Occupations Code, Chapter 453; and
(5) for dietary services, a licensed dietitian licensed in accordance with Texas Occupations Code, Chapter 701.
(r) The program provider must comply with §49.304 of this title (relating to Background Checks).
(s) A program provider must comply with §49.312 of this title (relating to Personal Attendants).
(t) If the service provider of community support or CFC PAS/HAB is employed by or contracts with a contractor of a program provider, the program provider must ensure that the contractor complies with subsection (s) of this section as if the contractor were the program provider.
(u) A program provider must:
(1) ensure that a service provider of CFC PAS/HAB:
(2) if requested by an individual or LAR:
Source Note: The provisions of this §566.9 adopted to be effective January 5, 2003, 27 TexReg 12254; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective March 1, 2007, 32 TexReg 544; amended to be effective January 1, 2014, 38 TexReg 9628; amended to be effective September 1, 2014, 39 TexReg 6549; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016, 41 TexReg 1867; amended to be effective October 1, 2019, 44 TexReg 5062; amended tobe effective May 10, 2020, 45 TeReg 2886; transferred effective June 19, 2023, as published in the May 26, 2023 issue of the Texas Register, 48 TexReg 2732