Section 260.353 - Respite(a) General. (1) A program provider must ensure that respite consists of the following:(A) assistance with ADLs;(B) assistance with functional living tasks;(C) assistance with planning and preparing meals;(D) transportation or assistance in securing transportation;(E) assistance with ambulation and mobility;(F) reinforcement of behavioral support or therapy activities;(G) assistance with medications and the performance of tasks delegated by an RN in accordance with state law;(H) supervision of the individual's safety and security; and(I) activities that facilitate the individual's:(i) inclusion in community activities;(ii) use of natural supports and typical community services;(iii) social interaction:(iv) participation in leisure activities; and(v) daily and functional living skills.(2) A program provider may deliver respite as:(3) A program provider must not: (A) bill HHSC for more than 30 calendar days or 720 hours of respite per IPC period;(B) provide respite to an individual receiving licensed assisted living or licensed home health assisted living;(C) permit an individual's spouse or a service provider of transportation provided as a residential habilitation activity or CFC PAS/HAB with whom the individual lives to provide respite; or(D) provide respite to an individual with the individual present at the same time that one of the following services are provided to the individual: (i) employment assistance;(ii) supported employment;(iv) transportation provided as a residential habilitation activity; or(4) A program provider must ensure that a respite service provider meets the qualifications described in § 260.203 of this chapter (relating to Qualifications of Program Provider Staff) and the training requirements described in § 260.205 of this chapter (relating to Training).(b) In-home respite. A program provider must ensure that in-home respite is provided in the private residence of:(2) the individual's family; or(3) a respite service provider.(c) Out-of-home respite.(1) A program provider must ensure that out-of-home respite is provided in a location listed in paragraph (2) of this subsection acceptable to the individual or LAR that: (A) is an accessible, safe, and comfortable environment for the individual; and(B) promotes the individual's health and welfare.(2) A program provider must provide out-of-home respite in: (A) an ICF/IID with a certified capacity of six or less persons;(B) an ALF with a licensed capacity of six or less persons; or(C) an outdoor camp accredited by the American Camp Association.(3) A program provider may provide out-of-home respite in a residence in which licensed assisted living or licensed home health assisted living is provided if: (A) a vacancy exists in the residence;(B) the individual or LAR approves; and(C) the service planning team for each individual receiving services in that residence makes a determination that the respite visit will cause no threat to the health, safety, and welfare, or rights and needs of that individual.26 Tex. Admin. Code § 260.353
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023