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DADS Provider Alerts — Family Care (FC)

DADS Launches ICD-10 Transition Website

DADS has published a new website that provides information about the upcoming ICD-10 transition.  This website provides:

  • An overview of International Classification of Diseases (ICD), Version 10
  • Information on the differences between the ICD-9 and ICD-10 code sets
  • Question and answers for providers
  • Links to information about ICD-10 and training events
  • An ICD Conversion Code Lookup for Related Conditions
  • Information from DADS regarding the ICD-10 transition

The ICD Conversion Code Lookup for Related Conditions is a tool that providers can use to help them identify Related Conditions codes that directly convert from ICD- 9 to 10.

DADS encourages providers to visit the  website to learn more about the ICD-10 transition, which is scheduled for Oct. 1, 2015, and to keep up to date with information. Providers also can sign up for ICD-10 email updates.   

For questions regarding this alert or general ICD-10 inquiries, please email


Civil Money Penalty (CMP) Funds Available to Fund Projects

Beginning June 1, 2015, DADS will begin accepting applications from entities requesting an award of CMP funds to fund projects and activities that benefit nursing facility residents.

Federal law (sections 1819 and 1919 of the Social Security Act) allows this use of funds obtained from CMPs imposed by the Centers for Medicare & Medicaid Services.

For more information about this process and an application, please visit the DADS CMP Funds for Projects website.

If you have any questions about this process or alert, please call (512) 438-2626 or send questions to


DADS Plans to Propose Personal Attendant Base Wages Rules

DADS plans to propose rules concerning personal attendant base wages. The rules apply to certain community services contractors, consumer directed services employers and financial management service agencies.

The proposed rules have a planned effective date of Sept. 1, 2015. Pending legislative approval of appropriations, the proposal will be presented to the Medical Care Advisory Committee on June 9, 2015, and the Texas Aging and Disability Services Council on June 11, 2015. The proposed rules are scheduled to be published in the Texas Register on June 26, 2015. Comments on the proposed rules may be submitted in accordance with the instructions in the notice of proposed rules.  

The proposed rules will implement the 2016-17 General Appropriations Act (Article II, Special Provisions, House Bill 1, 84th Legislature, Regular Session, 2015), by requiring certain community services contractors and FMSAs to pay a minimum base wage to an employee or subcontractor of a contractor or an employee of a CDS employer providing certain attendant services. Specifically, the proposed rules will change the base wage certain contractors and FMSAs must pay a personal attendant from $7.86/hour to $8/hour. The proposed rules also will change the base wage an employer or designated representative must budget to pay an employee providing certain services through the CDS option from $7.86/hour to $8/hour.

The proposed increase in the base wage for a personal attendant will apply to:

  • PHC
  • FC
  • CAS
  • DAHS
  • RC
  • MDCP flexible family support and respite services
  • CMPAS personal attendant services
  • CLASS habilitation
  • DBMD residential habilitation, chore services and day habilitation
  • HCS supported home living
  • TxHmL community support

Questions can be emailed to


Important Changes June 1, 2015, for Provider Agencies Using DADS EVV

The Department of Aging and Disability Services (DADS) has been working with Sandata Technologies, LLC, (Sandata) to ensure that provider agencies who currently have data in the Sandata Electronic Visit Verification (EVV) system (Santrax) will continue to have access to that data after May 31, 2015, to complete visit maintenance and to run reports in Santrax.

Provider agencies will see many changes to the Santrax system beginning June 1, 2015. DADS urges provider agencies to go to now to learn about important details on the particular aspects of EVV services that will continue to be available through Sandata; how long those services will be available; and steps provider agencies must take now to prepare for changes they will experience effective June 1, 2015.

Please visit and read the information under “DADS EVV Data Access for Provider Agencies” for more information regarding this alert.


Register Now for Dementia in Long-term Care and Community Settings

Do you provide services to, care for or have a relationship with someone who has dementia? Then register now for the free “Texas Taking the Next Step: Dementia in Long-term Care and Community Settings” conference in Austin on Aug. 20 at the Palmer Events Center. The first 600 registrants will receive a free copy of the book “Untangling Alzheimer’s” by Tom Cummings.

The event is sponsored by the Texas Department of Aging and Disability Services and Texas State University.

Participants will be able to:

  • Attend a keynote by Dr. G. Allen Power, internationally renowned author and geriatrician
  • Experience the world as a person with dementia by taking part in a virtual dementia tour
  • Learn how music can trigger memories in people with dementia

Continuing education will be available; details will be available soon.

Questions about the event can be emailed to


DADS to Require New Forms as Part of Contracting Process

DADS stakeholders that apply for a contract with the agency or that respond to a request for proposal after April 6, 2015, will need to complete a Data Usage Agreement if the resulting contract would provide the contractor access to confidential information.

Beginning May 1, 2015, the agency also will require a completed Information Security and Privacy Initial Inquiry if the contract will require access to confidential information.

This process is being implemented in all Texas health and human services agencies to establish a clear and consistent process for safeguarding confidential information and for reporting and correcting any unauthorized use or disclosure of the confidential information.

Providers can review the documents at:

Email questions pertaining to DADS active contracts to

Email questions about this policy to


Department of Labor Appeals Home Care Ruling

The U.S. Department of Labor (DOL) has appealed the ruling in the lawsuit brought by associations of home care companies challenging the Home Care Final Rule (PDF). (See DADS alert titled “Recent Court Decision Regarding Amended United States Department of Labor Regulations.”)

The DOL stated its enforcement schedule, announced Oct. 9, 2014, would not change. The appeal is proceeding on an expedited schedule and a decision could be made as early as this summer.

The changes that are being appealed effect the companionship services exemption in the Fair Labor Standards Act that may pertain to these DADS programs:

  • Financial Management Services (also called CDS)
  • Medically Dependent Children Program
  • Primary Home Care, Community Attendant Services and Family Care
  • Consumer Managed Personal Attendant Services
  • Community Living Assistance and Support Services
  • Deaf Blind with Multiple Disabilities
  • Home and Community-based Services
  • Texas Home Living

If the Court of Appeals issues a decision favorable to the DOL on or after July 1, 2015, the DOL stated it immediately will implement the selective enforcement process as outlined in the enforcement schedule. Providers and CDS employers should continue to assess the budgetary, staffing and administrative impact of the Home Care Final Rule, if any, and be prepared to alter the budgets or hire additional staff to meet compliance should the DOL win its appeal.

For more information, visit the DOL homecare website, call the DOL at 1-866-487-9243 or consult your legal counsel.


Update Regarding Fixed Visit Verification Devices for Providers Currently Required to Use the Santrax System

In anticipation of the Health and Human Services Commission (HHSC) Electronic Visit Verification (EVV) initiative implementation, provider agencies cannot order new or replacement Fixed Visit Verification Devices (FVVDs) from Sandata Technologies, LLC, under the DADS EVV initiative. This includes providers required to use Sandata's EVV system (Santrax) under the DADS EVV initiative, as well as former DADS provider agencies that transitioned to managed care on September 1, 2014.

If a provider agency requires use of an FVVD for visits from March 1, 2015, through the date the provider agency is required to implement the HHSC EVV initiative, but cannot obtain an FVVD, the provider agency must continue to verify actual hours worked by the attendant and should either:

  • manually enter these hours into Santrax using visit maintenance. Provider agencies should select Reason Code 17 – Individual Does Not Qualify for Fixed Visit Verification Device – Verified Services Were Delivered, a preferred reason code, to document these visits; or
  • retain paper timesheets as service delivery documentation.

Request of Small Alternative Devices for HHSC Electronic Visit Verification Initiative

On March 10, 2015, the Health and Human Services Commission (HHSC) released a Medicaid Provider Notification announcing that all provider agencies who provide services subject to the HHSC electronic visit verification (EVV) initiative can begin the process of obtaining small alternative devices for individuals that do not have a landline phone. This small alternative device will be installed in the individual’s home for use by the nurse or attendant to document the time the attendant or nurse begins and ends providing services.

To view the HHSC Provider Notification and to download the Medicaid Electronic Visit Verification Small Alternative Device Agreement Form, please visit


New Health and Human Services Commission Electronic Visit Verification Implementation Dates and 30-Day Provider Notice

On February 27, 2015, the Health and Human Services Commission (HHSC) announced it delayed implementation of electronic visit verification (EVV). The timeline of EVV implementation dates are included in the HHSC Provider Notification announcement that serves as notice to providers of the new implementation schedule for the HHSC EVV Initiative.

To view the HHSC Medicaid Provider Notification referenced above, please visit


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