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Home-Delivered Meals (HDM)

DRAFT Proposed Rules for Title 40, Chapter 49, Contracting for Community Services

The Department of Aging and Disability Services (DADS) has initiated a comprehensive revision to DADS rules related to DADS community services contract requirements. During July - August 2013, DADS offered a 30-day informal comment period. Subsequent to comments received, DADS made several changes to the proposed draft rule. Providers are encouraged to closely review the proposed Chapter 49 as it contains numerous changes to contracting practices addressing for example: use of provisional contracts; criteria to receive a contract, contract sanctions, contract assignment, background and criminal history checks.

One of the issues on which comments were received relates to whether DADS will wait until after an appeal of a proposed action to recoup funds from a provider, as is the practice for the HCS and TXHML waivers, or proceed to recoup funds before an appeal of the recoupment has been concluded, as is the practice for recoupments relating to contracts currently subject to Chapter 49. The proposed Chapter 49 will adopt the practice of delaying recoupments until after the results of an appeal are known.

Effective today, if DADS has made a determination to recoup funds from a contractor, DADS will recoup when:

  • the contractor has not requested an appeal of the recoupment determination within the time allowed to request such an appeal; or
  • the contractor appeals the recoupment determination and the final decision from the administrative hearing is favorable to DADS.

If a contractor requested an appeal of the recoupment determination within the time allowed to request such an appeal and has begun to make payments in accordance with a payment plan, DADS will suspend the terms of the payment plan pending the final decision from the administrative hearing.

A recoupment initiated before the alert that is not under appeal and a payment plan is not affected by the alert.

In conjunction with the proposed revisions to Chapter 49, DADS will propose revisions related to numerous program rules that interface with Chapter 49 and will propose repeal of Chapter 69, Contract Administration.

The revised proposed Title 40, Chapter 49, Contracting for Community Services and a consolidated list of comments and responses is available at http://www.dads.state.tx.us/providers/communications/alerts/Chapter49FeedbackDec2013.pdf

(12/30/2013)

Take and Share this Important Survey on Disability Employment

The National Council on Independent Living (NCIL) is seeking broad support from the disability community in filling out their disability employment survey. Answers to the survey questions are intended to shape debate about disability policy, and the results will be shared with the White House, all 50 Governors, top media, and disability groups, among others.

A very large sample size is needed to ensure that the survey results are valid, so NCIL requests that you share the survey with your Twitter, Facebook and email networks. The survey takes about 10 minutes, and all survey respondents can be entered to win $500. For further information, please contact Jennifer Laszlo Mizrahi at jlm@laszlostrategies.com or 202-365-0787.

Click here to access the survey.

(11/21/2013)

Refax Provider Investigation Reports Faxed to DADS between 5 p.m. on November 8, 2013 and 5 p.m. on November 12, 2013

Due to software technical difficulties experienced over the holiday weekend, DADS may not have received any faxed Provider Investigation Report, DADS Form 3613 or 3613-A. Please refax any Provider Investigative Report that was faxed to DADS between 5 pm on Friday, November 8, 2013 and 5 pm on Tuesday, November 12, 2013. We apologize for the inconvenience.  Instructions for faxing Provider Investigation Reports continue to be found on the following DADS webpage:  http://www.dads.state.tx.us/services/crs/incidentforms/index.html.

(11/18/2013)

DRAFT Guidelines for Electronic Signatures – Posted for Public Comment

The Department of Aging and Disability Services (DADS) is distributing the attached electronic signature draft policy letter for public comment. The comment period ends at 5 p.m. on November 25, 2013.

DADS has developed this draft electronic signature policy to be consistent with national and state standards for electronic signatures set by the Texas Health and Human Services Commission and the Texas Uniform Electronic Transactions Act.

When this policy becomes effective, DADS will begin accepting electronic signatures on documents that are necessary for the delivery of program services or to support service delivery. After electronic signature, documents must be printed and faxed or sent by U.S. mail to DADS by license holders and contracted providers.

Please send comments to PDO@dads.state.tx.us.

(11/13/2013)

Notice of DARS Town Hall Meetings

The Texas Department of Assistive and Rehabilitative Services (DARS), in partnership with the Rehabilitation Council of Texas, is providing an opportunity for public comment through town hall meetings across the state. We want to learn more about the vocational rehabilitation needs of Texans with disabilities. We will use this information as part of a Comprehensive Statewide Needs Assessment that we conduct every three years.

The locations, dates, and times of the upcoming meetings are listed below.

Wednesday, October 16, 2013
4:30-6:30 p.m.
American Foundation for the Blind
11030 Ables Lane
Dallas, TX 75229

Thursday, October 24, 2013
4:30-6:30 p.m.
Providence Place
6487 Whitby Road
San Antonio, TX 78240

Thursday, October 24, 2013
4:30-6:30 p.m.
Metropolitan Multi-Service Center
1475 W. Gray St.
Houston, TX 77019

Tuesday, October 29, 2013
4:30-6:30 p.m.
RISE Center for Independent Living
755 S. 11th St.
Beaumont, TX 77701

Tuesday, October 29, 2013
4:30-6:30 p.m.
Laredo Medical Center
Tower B, First Floor
1700 E. Saunders St.
Laredo, TX 78041

Wednesday, October 30, 2013
4:30-6:30 p.m.
Criss Cole Rehabilitation Center—Auditorium
4800 N. Lamar Blvd.
Austin, TX 78756

Tuesday, November 5, 2013
4:30-6:30 p.m.
True-Light Christian Fellowship
3001 N. "A" St.
Midland, TX 79705

Wednesday, November 6, 2013
4:30-6:30 p.m.
Doctor's Regional Medical Center-Conference Center
3240 Fort Worth St.
Corpus Christi, TX 78411

Thursday, November 14, 2013
4:30-6:30 p.m.
Easter Seals Rio Grande Valley, Extension Office
Tavarez Medical Center
801 S. Main St.
McAllen, TX 78501

Printed copies of questions that will be addressed during the town hall meetings will be available at the meetings. If you wish to have input and cannot attend a town hall meeting in your area, electronic or printed copies of questions are available at DARS.Inquiries@dars.state.tx.us or by calling 1-800-628-5115.

All comments must be received by 5:00 p.m. on December 10, 2013.

If you have communication or other accommodation needs and are planning to attend a public hearing, please contact the DARS Inquiries Line at 1-800-628-5115. Requests for accommodations should be made five business days before the date of the hearing.

Please distribute this information to all interested stakeholders.

(10/2/2013)

DADS Statement on Federal Government Shutdown

The Texas Department of Aging and Disability Services (DADS) wants to reassure providers and consumers that service delivery and provider reimbursement processes will continue despite the federal government shutdown that began Oct. 1.

For the immediate future, our programs serving Texans who are older and those with intellectual, developmental or physical disabilities will continue uninterrupted. Texas health and human services agencies are monitoring the federal fiscal environment and will continue to assess the effects any federal decisions may have on our programs or consumers, and will keep you updated as the situation changes.

(10/1/2013)

New Appendix: List of Excluded Individuals and Entities (LEIE)

The Department of Aging and Disability Services (DADS) has posted a new appendix titled List of Excluded Individuals and Entities (LEIE). This appendix is designed to explain and clarify the federal requirement that all providers contracting with DADS identify individuals and entities excluded from participation in federal health care programs. In accordance with Section 1128 of the Social Security Act (42 U.S.C. §1320a-7), the United States Health and Human Services Office of Inspector General (HHS-OIG) excludes individuals and entities from participation in any federal health care program (i.e., Medicare, Medicaid and the State Children's Health Insurance Program) who have engaged in certain activities or have been convicted of certain crimes.

The LEIE appendix is linked to the relevant provider manuals and handbooks listed below.

  • Area agencies on aging (AAA): Alerts and Bulletins
  • Community Based Alternatives Provider Manual (CBA): Appendix XXII
  • Community Living Assistance and Support Services Provider Manual (CLASS): Appendix IX
  • Consumer Directed Services Handbook (CDS): Appendix II
  • Consumer Managed Personal Attendant Services Provider Manual (CMPAS): Appendix VI
  • Contracting to Provide Assisted Living and Residential Care Services Handbook (CPALRCS): Appendix XI
  • Contracting to Provide Primary Home Care Services Handbook (CPPHCS): Appendix XII
  • Contracting to Provide Special Services to Persons with Disabilities Handbook (CPSSPD): Appendix IX
  • Day Activity and Health Services Provider Manual (DAHS): Appendix XII
  • Deaf Blind with Multiple Disabilities Program Manual (DBMD): Appendix IV
  • Emergency Response Services Handbook (ERS): Appendix VIII
  • Home and Community-based Services Handbook (HCS): Appendix VII
  • Home Delivered Meals Provider Manual (HDMPM): Appendix VII
  • Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID): Appendix III
  • Medicaid Hospice Provider Manual (MHPM): Appendix VII
  • Medicaid Provider Manual for Long–Term Care Facilities (MPM-LTCF): Appendix VI
  • Medically Dependent Children Program Provider Manual (MDCP-PM): Appendix X
  • Texas Home Living Program Handbook (TxHmL): Appendix IV

This new appendix supersedes any previous Information Letter (IL) or similar guidance published by DADS. The ILs that are being retired are listed below. DADS recommends that providers remove the ILs from their records to ensure they reference only the most current information.

Retired IL Number Title
IL 2009-33 Provider Screening of Employees, Subcontractors for Excluded Persons
IL 2009-41 Provider Screening of Employees, Subcontractors for Excluded Persons
IL 2010-20 Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs
IL 2011-07 Updated Information Regarding the Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs
IL 2011-102 Clarification of Information Letter No. 11-07, Regarding the Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs
IL 2012-19 Expectations for List of Excluded Individuals and Entities checks

If there are questions about the new appendix or any of the ILs that were retired, please send an e-mail message to PDO@dads.state.tx.us.

(9/26/2013)

Home Delivered Meals Provider Manual (HDM-PM) - New Appendix added

The Department of Aging and Disability Services (DADS) deployed a new appendix to the provider manual for Home Delivered Meals program providers. It was released on September 13, 2013. The title is: Appendix VI, Retired Information Letters. It can be accessed at http://www.dads.state.tx.us/handbooks/hdmpm/Appendices/VI/index.htm. This appendix contains all retired Information Letters (ILs) related to the HDM program that were formerly posted to DADS IL webpage.

If there are questions about the new appendix or the HDM provider manual please send an e-mail message to PDO@dads.state.tx.us.

(9/16/2013)

Information Letters Retired as of Sept. 12, 2013

The Department of Aging and Disability Services is in the process of reviewing all Information Letters (IL) posted on its website. The ILs listed in this alert have been determined to have no further informational value and are being retired and removed from DADS website.

For questions about any of these letters, please send an email message to pdo@dads.state.tx.us.

Letter Number Title Date
IL 2006-59 Remittance and Status (R&S) Reports 6/30/2006
IL 2006-66 New Fiscal Year -- Reminder 7/20/2006
IL 2006-81 New Fiscal Year -- Year End Closing 8/11/2006
IL 2006-82 New Fiscal Year -- Year End Closing 8/11/2006
IL 2007-42 Revised Notice of Fiscal Year 2007 Cutoff Dates (ICF/MR SG6 - Revises Information Letter 07-34) 8/07/2007
IL 2007-51 Remittance and Status (R&S) Report Information 5/18/2007
IL 2007-60 Increase in Payment Rates for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), Home and Community-based Services (HCS), Texas Home Living (TxHmL) and Community Living and Assistance Support Services (CLASS) and Associated Increases in Fiscal Accountability Requirements for ICF/MR and HCS and in Spending Requirements for CLASS Providers Participating in the Attendant Compensation Rate Enhancement 6/26/2007
IL 2007-110 National Provider Identifier (NPI) Contingency Period Ends March 1, 2008 11/27/2007
IL 2007-111 Initial Notice of Planned Payment System (Health and Human Services Administrative System) Downtime 11/12/2007
IL 2007-112 Second Notice of Tentative DADS Payment System (Health and Human Services Administrative System) Downtime for All Payments including those to Long Term Care (LTC) Providers 12/20/2007
IL 2007-126 Final Notice of Tentatively Planned DADS Payment System Downtime for All Provider Payments 1/11/2008
IL 2008-23 Posting of Models Used by the Texas Health and Human Services Commission (HHSC) to Evaluate Cost Reports 2/20/2008
IL 2008-27 DADS NPI Implementation 3/07/2008
IL 2008-65 TMHP Remittance and Status (R&S) Report Information 5/30/2008
IL 2008-67 Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing (ICF/MR Providers, Service Group 5) 8/06/2008
IL 2008-68 Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing (ICF/MR Providers, Service Group 6) 8/06/2008
IL 2009-74 Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing 8/03/2009
IL 2009-76 Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing 8/03/2009
IL 2010-52 Use of the TMHP Remittance and Status (R&S) Report Information for Fiscal Year (FY) End 6/09/2010
IL 2010-55 FY10 Miscellaneous Claims Cutoff Notice 7/21/2010
IL 2010-92 Training Sessions for Attendant Compensation Rate Enhancement 6/16/2010
IL 2010-98 Correction to Telephone Contact Number for Fiscal Accountability Short-Period (FASP) Cost Report for ICF/MR Rate Analyst 7/01/2010
IL 2010-103 FY10 Cutoff Dates for Year-end Closeout Processing 7/29/2010
IL 2010-113 Per Diem Rates Effective September 1, 2010, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program 8/23/2010
IL 2010-154 2010 Cost Report and Cost Report Training Requirements 12/31/2010
IL 2010-157 Proposed Intermediate Care Facility for Persons with Mental Retardation Rate Reductions 12/27/2010
IL 2011-19 Per Diem Rates Effective February 1, 2011, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program 1/24/2011
IL 2011-28 Revised Direct Care Staff Rate Enhancement and Attendant Compensation Rate Enhancement Enrollment Worksheets 2/08/2011
IL 2011-32 2010 Cost Report Training Requirements and New Web-based System for Cost Report Submission 2/24/2011
IL 2011-42 2010 Cost Report Notification and Cost Report Training Reminders 4/01/2011
IL 2011-46 Preparing for FY11 Claims Billing Closeout 7/15/2011
IL 2011-48 Critical Notice: Upcoming Change Will Require Physical Addresses Instead of Post Office Boxes to be on File with DADS for TMHP Claim Processing 6/02/2011
IL 2011-49 Maximization of Federal Matching Funds Prior to June 30, 2011, Expiration of the American Recovery and Reinvestment Act (ARRA) - LTC Provider Billing Opportunity Deadline 5/04/2011
IL 2011-60 Delayed Implementation of the Federal Tax Increase Prevention and Reconciliation Act until January 1, 2013 (Replaces IL 11-44) 5/25/2011
IL 2011-66 June 27, 2011, Replacement of Procedure Code Qualifier ZZ 6/14/2011
IL 2011-75 Follow-up Request for LTC Provider Billing to Maximize DADS Federal Match Prior to 6/30/11 ARRA Expiration 6/14/2011
IL 2011-84 Fiscal Year 2011 Miscellaneous Claims Cutoff Notice: ICF/MR Community/State (Service Group 5) Providers 7/19/2011
IL 2011-83 Fiscal Year 2011 Miscellaneous Claims Cutoff Notice 7/19/2011
IL 2011-87 Planned Change to Support Only Electronic Claims Submitted to TMHP for Payment of LTC Services 9/19/2011
IL 2011-90 FY11 Cutoff Dates for Year-end Closeout Processing 8/05/2011
IL 2011-91 FY11 Cutoff Dates for Year-end Closeout Processing 8/05/2011
IL 2011-106 Per Diem Rates Effective September 1, 2011, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program 8/26/2011
IL 2011-161 2011 Cost Report and Cost Report Training Requirements 12/30/2011
IL 2011-145 Important April 1, 2012, EDI 5010 Compliance Deadline Information -- affects Provider Claim Payment for ANSI Claim Submitters Only 12/20/2011
IL 2012-40 Important July 1, 2012, EDI 5010 Compliance Deadline Information -- affects Provider Claim Payment for ANSI Claim Submitters Only 5/15/2012
IL 2012-57 Important Reminder of July 1, 2012, EDI 5010 Compliance Deadline Information: affects Provider Claim Payment for ANSI Claim Submitters Only 6/12/2012
IL 2012-62 Preparing for the Upcoming Fiscal Year 2012 Claims Billing Closeout 6/27/2012
IL 2012-66 Fiscal Year 2012 Cutoff Notice for Miscellaneous Claims 7/30/2012
IL 2012-67 Fiscal Year 2012 Cutoff Notice for Miscellaneous Claims 7/30/2012
IL 2012-69 FY12 Cutoff Dates for Year-end Closeout Processing 7/31/2012
IL 2012-70 FY12 Cutoff Dates for Year-end Closeout Processing 7/31/2012
IL 2012-82 Status of the implementation of the Cost Avoidance Project 10/26/2012
(9/13/2013)

Revised Provider Manual -- Home-Delivered Meals (HDM-PM)

The Department of Aging and Disability Services (DADS) announces the deployment of the revised provider manual for Home-Delivered Meals program. It was launched on September 3, 2013. The title of the manual is the Home-Delivered Meals Provider Manual (HDM-PM) and can be accessed at http://www.dads.state.tx.us/handbooks/hdmpm/. This manual contains all contract guidelines that were formerly found in Information Letters (ILs), as well as relevant Texas Administrative Code references.

This new manual can be found on the DADS website under Provider Resources, HDM.

This revised provider manual supersedes any previous ILs or similar guidance published by DADS. The ILs that were retired are listed below. DADS recommends that providers remove the ILs from their records to ensure they reference the most current information.

Number Title Date
IL 1999-02 Cash-in-Lieu (CIL) of Commodities Reimbursement Rate for Fiscal Year 1999 2/17/1999
IL 1999-01 TDHS Policy Cash-in-Lieu of Commodities Home Delivered Meals Providers 2/17/1999
IL 1999-25 Uniform Reimbursement Methodology for Home Delivered Meals 6/30/1999
IL 1999-15 Payment Rate Methodology for Home Delivered Meals 8/16/1999
IL 1999-42 Cash-in-Lieu of Commodities Reimbursement 10/22/1999
IL 2000-19 United States Department of Agriculture (USDA) Cash-in-Lieu of Commodities Home Delivered Meals 8/22/2000
IL 2000-20 Payment Rate Methodology for Home Delivered Meals 8/31/2000
IL 2001-06 United States Department of Agriculture Cash-in-Lieu of Commodities - Home Delivered Meals Providers 7/27/2001
IL 2001-19 New Billing Code for CBA Meals 10/17/2001
IL 2002-07 Change in CIL Reporting Requirements for Home Delivered Meals 4/12/2002
IL 2002-17 USDA Cash-in-Lieu Reporting Requirements and Uniform Rate Setting Procedures (URSP) for FFY '03 7/08/2002
IL 2002-40 New Home Delivered Meals Rules 12/31/2002
IL 2003-06 USDA Cash-In-Lieu Reporting Requirements and Rate Setting (FY 2004) 6/13/2003
IL 2003-19 FY 2004 Reimbursement Rate Ceiling for Home-Delivered Meals (HDM) 8/28/2003
IL 2004-10 Repeal of Chapter 48, Subchapter M, Home-Delivered Meals and Subchapter N, Support Documents, and Adoption of Chapter 55, Contracting to Provide Home-Delivered Meals, Effective March 1, 2004 3/05/2004
IL 2004-27 Administration on Aging (AoA) Nutrition Services Incentive Program (NSIP) Reporting Requirements and Rate Setting Procedures for Federal Fiscal Year 2005 6/11/2004
IL 2004-40 Home-Delivered Meals Nutritional Risk Assessment and National Aging Program Information Systems (NAPIS) Reporting 4/01/2005
IL 2005-18 Administration on Aging (AoA) Nutrition Services Incentive Program (NSIP) Reporting Requirements and Rate Setting Procedures for Federal Fiscal Year 2006 This letter requires Adobe Reader version 6 or newer to view. 7/25/2005
IL 2006-61 Administration on Aging Nutrition Services Incentive Program Reporting Requirements and Rate Setting Procedures for Federal Fiscal Year 2007 (Letter requires Adobe Reader 6 or 7 to access attachments) 6/20/2006
IL 2007-76 Home Delivered Meals Rate Setting Procedures for FFY 2008 8/16/2007
IL 2008-114 Home Delivered Meals Rate Setting Procedures for Federal Fiscal Year (FFY) 2009 8/04/2008
IL 2008-116 Request for Waiver of Requirement to Deliver Meals Fewer than Five Days a Week
Replaced by IL 2009-64 and IL 2010-61
8/25/2008
IL 2008-142 Hurricane Ike Services: FC and HDM Services Available to Limited Number of Individuals Temporarily Residing in Shelters, Hotels, or Home Settings 10/02/2008
IL 2009-11 Notifying Individuals of Rights and Responsibilities and of Procedures for Filing Complaints 2/19/2009
IL 2009-83 HDM Rate Setting Procedures for Federal Fiscal Year (FFY) 2010
Replaced by IL 10-94
6/17/2009
IL 2010-61 FFY 2011 Request for Waiver of Requirement to Deliver Meals Fewer than Five Days a Week (Replaces Information Letter 09-64) 5/03/2010
IL 2010-94 HDM Rate Setting Procedures for Federal Fiscal Year (FFY) 2011 (replaces IL 09-83) 6/25/2010

If there are questions about the revised HDM provider manual or any of the ILs that were retired, please send an e-mail message to PDO@dads.state.tx.us.

(9/3/2013)

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Updated: April 19, 2013