Section 260.343 - Day Habilitation, Residential Habilitation, and CFC PAS/HAB(a) Day habilitation. (1) Before including day habilitation on an individual's IPC, a program provider must ensure and maintain documentation in the individual's record that day habilitation is not available to the individual under a program funded under §110 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.) or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.).(2) A program provider must ensure that day habilitation includes:(A) assistance in acquiring, retaining, or improving the self-help, socialization, and adaptive skills necessary to live successfully in the community and participate in home and community life;(B) providing the individual with individualized activities: (i) in environments designed to foster the development of skills and behavior supportive of greater independence and personal choice consistent with achieving the outcomes identified in the individual's IPP; and(ii) designed to reinforce therapeutic outcomes targeted by other DBMD Program services, CFC services, school, or other support providers; and(C) providing transportation necessary for the individual's participation in day habilitation activities, such as shopping, swimming, going to the park, or other community activities.(3) A program provider must ensure day habilitation:(A) is provided to an individual in a non-residential setting separate from the individual's own or family home or the residence in which the individual receives licensed assisted living or licensed home health assisted living that: (i) is accessible to and usable by the individual;(ii) is maintained in good repair;(iii) has at least two means of egress; and(iv) is in continuous compliance with applicable local building codes and ordinances and applicable state and federal laws, rules, and regulations;(B) reinforces: (i) therapeutic outcomes identified by other DBMD Program services and CFC services; and(ii) for an individual eligible for public education services, education goals in the Individualized Education Program (IEP) and services provided by the school district;(C) includes transportation necessary for the individual's participation in day habilitation activities; and(D) is not provided to an individual at the same time that any of the following services are provided: (i) employment assistance with the individual present;(ii) supported employment with the individual present;(iii) transportation provided as a residential habilitation activity;(iv) 24-hour licensed assisted living;(v) 24-hour licensed home health assisted living;(4) A program provider must ensure a day habilitation service provider works with one individual at a time unless the individual's service planning team documents on the IPP that the individual's needs can be met with a day habilitation service provider to individual ratio of one-to-two or one-to-three.(5) A program provider must ensure that for a service-provider-to-individual ratio higher than one-to-three, that the IPP includes a recommendation from the service planning team and supporting documentation of the individual's ability to integrate and meaningfully participate in an environment with a ratio higher than one-to-three.(6) A program provider may bill for time spent by a day habilitation service provider: (A) in direct contact with an individual;(B) participating as a member of an individual's service planning team; or(C) performing tasks delegated by a physician or RN.(b) Residential habilitation.(1) A program provider must ensure:(A) residential habilitation:(i) is not provided to an individual receiving licensed assisted living or licensed home health assisted living;(I) in the individual's own or family home; or(II) in a setting outside the individual's own or family home appropriate for the type of residential habilitation activities described in the individual's IPP;(ii) includes: (II) assistance in securing transportation;(III) assistance with ambulation and mobility;(IV) reinforcement of behavioral support or therapy activities;(V) assistance with medications and the performance of tasks delegated by an RN in accordance with state law;(VI) supervision of the individual's safety and security;(VII) assistance with acquisition, retention, or improvement in skills related to activities of daily living, including: (-a-) personal grooming and cleanliness;(-b-) bed making and household chores; and(-c-) preparation and consumption of food;(VIII) use of natural supports and typical community services; and(IX) social interaction and participation in leisure activities; and(iii) is not provided to the individual at the same time that one of the following services are provided: (I) employment assistance with the individual present;(II) supported employment with the individual present;(B) a residential habilitation service provider works with no more than one individual at a time.(2) A program provider may bill for time spent by a residential habilitation service provider transporting an individual.(c) CFC PAS/HAB. (1) A program provider must ensure CFC PAS/HAB is not provided to an individual receiving licensed assisted living or licensed home health assisted living.(2) A program provider must ensure CFC PAS/HAB is not provided to an individual at the same time that one of the following services are provided:(A) employment assistance with the individual present;(B) supported employment with the individual present;(E) transportation provided as a residential habilitation activity.(3) A program provider must ensure a CFC PAS/HAB service provider works with no more than one individual at a time.(4) If an individual's IPC includes CFC PAS/HAB, a program provider must ensure compliance with § 260.213 of this chapter (relating to Service Backup Plans).26 Tex. Admin. Code § 260.343
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023