This appendix appears in the following handbooks:
Case Manager Community Care for Aged and Disabled Handbook (CM-CCAD): Appendix XVIIISTAR+PLUS Handbook (SPH): Appendix IX
Time Calculation
04-2011
Change Effective Dates
Change effective dates are calculated in a way to ensure the consumer has the full 12-day adverse action period allowed in the Texas Administrative Code §48.3903. Community Care for Aged and Disabled Services follows guidelines set forth by the Code Construction Act.
Code Construction Act, § 311.014. Computation of Time (a) In computing a period of days, the first day is excluded and the last day is included. |
The effective date of a reduction in service hours or denials would be calculated according to this example:
Question: |
What is the last day a individual will receive services if the notice of denial is sent to the individual on June 26? |
June 26 (Day zero) |
The case manager sends the denial notice to the individual. |
July 8 (Day 12) |
The individual has through the end of the business day to file an appeal to have services continue. |
July 9 (Day 13) |
Day 12 passed without an appeal from the individual. This is the first day the individual will not receive services (if the case is being denied) or will receive services at the lower level (in cases of service reductions). |
If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. In the above example, if July 8 is a Saturday, then July 10 (day 12) is the last day the individual will receive services. Skeleton crew days are not legal holidays. Legal holidays are days when the agency is closed.
Due Dates for Case Actions
The following chart contains a monthly calendar to help determine when certain case action time frames come due. The first column is the date the "clock starts ticking." Each subsequent column indicates when a certain number of calendar days have expired.
Example: To determine when the next required home visit for a Community Attendant Services (CAS) individual is due:
- read down the "start date" column to find the date the last visit was done, and
- locate the column for 90 days. The date listed is 90 days from the date the last visit was done.
Thus, if the individual was seen on June 15, the next 90-day visit is due Sept. 13.
Note: The due dates do not take into account a leap year. The chart assumes February has only 28 days. Therefore, if the time span in question includes a Feb. 29, you must back up one day from what is listed in the "due date" column. An asterisk by a date means to back up one day if a Feb. 29 has intervened.
For information about document accessibility, contact DADS at handbookfeedback@dads.state.tx.us
