DADS Provider News, Alerts & Bulletins —
Texas Home Living (TxHmL)
Supported Employment Training Webinars from the University of Montana
Interested individuals may participate from their own offices or homes, and there is no registration cost for any of the sessions. As training sessions are scheduled, invitations and registration instructions are emailed to Montana Transition Listserv members. To join the Montana Transition Listserv, go to the Transition and Employment Projects Home Page and enter your email address in the box provided.
- January 14th, 2-3:30 (CST)
Systematic Instruction and Job Coaching--Part One
- February 17th, 5:30-6:30 (CST)
Group discussion of how using the strategies taught in the workshop is playing out in participant's work. Register for this on the Montana Professional Development Portal(Course ID# 3393).
- February 18th, 2-3:30 (CST)
Systematic Instruction and Job Coaching--Part Two
- March 18th, 2-3:30 (CST)
Planning Your Transition from Pediatric to Adult Health Care
- May 13th, 2-3:30 (CST)
Self-Management Strategies for People to Live and Work Independently
HHSC to Host Sessions on Medicaid Managed Care Initiatives in January
The Health and Human Services Commission (HHSC) is hosting a series of information sessions about several Medicaid managed care initiatives scheduled for Sept. 1, 2014. The sessions will cover the expansion of STAR+PLUS to rural areas and the delivery of various services through managed care including nursing facility services, mental health rehabilitation and targeted case management, and acute care services for individuals with intellectual and developmental disabilities.
Who should attend? All DADS Title XIX providers; Community, Facility and Entitlement based programs, which includes Title XX - Adult Foster Care and Client Managed Personal Attendant Services (excludes state supported living centers, Title XIX Community Attendant Services, Program of All-Inclusive Care for the Elderly and other Title XX programs); individuals; families and other interested stakeholders.
On Jan. 8, 2014, a Medicaid Managed Care Initiatives Information Session will take place in Austin. For additional details, check the meeting notices on the HHSC website.(12/31/2013)
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)
Required Minimum Base Wages Effective Jan. 1, 2014, and Sept. 1, 2014
On September 1, 2013, Texas Administrative Code (TAC), Title 40, Part 1, Chapter 9, Subchapter D and N, §9.177 and §9.579 required that persons working in the services/programs listed below, whether as employees or contractors of a provider or as employees or contractors of subcontractors, be paid at or above a specified hourly base wage.
Persons providing services in the following programs and services must be paid at least a minimum base wage level.
- Home and Community-based Services waiver; supported home living services.
- Texas Home Living waiver; community support services.
- Consumer Directed Services for the waivers listed above.
Beginning January 1, 2014, the required minimum base wage is $7.50 per hour.
Beginning September 1, 2014, the required minimum base wage is $7.86 per hour.
These requirements also apply to persons providing the attendant services listed above to individuals who have chosen the consumer directed services option. Financial management services agencies must ensure that an employer or designated representative pays an employee in accordance with a budget that meets the requirements of TAC, Title 40, Part 1, Chapter 41, §41.505 (a) (1) of this title relating to payroll budgeting.
In addition, providers are required to notify, by January 15, 2014, all persons hired as personal attendants on or before August 31, 2013, of the required base wage. Newly employed or contracting attendants hired on or after January 1, 2014, must be notified of the required base wages within three days of being hired.
Send questions about this alert to Frank Plummer, Manager, Contract Accountability and Oversight at (512) 438-2188 or by email at email@example.com.(12/23/2013)
STAR+PLUS Enrollment or Enrollment Letters Sent in Error to Some Waiver Clients
Some DADS waiver clients were enrolled in STAR+PLUS or got STAR+PLUS enrollment packets by mistake. HHSC is working to correct this mistake and make sure those affected continue to get services. The agency also will ensure that claims for services are paid correctly. Clients affected by this issue can call 1-800-964-2777 for help.(12/6/2013)
Adoption of Rules in 40 Texas Administrative Code, Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities, Subchapter N, Texas Home Living (TxHmL) Program
The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §9.553, concerning definitions; §9.555, concerning definitions of TxHmL program service components; §9.567, concerning process for enrollment; §9.578, concerning program provider certification principles: service delivery; and §9.583, concerning TxHmL program principles for local authorities, in Subchapter N, Texas Home Living (TxHmL) Program, Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities. The amendments to §9.555 and §9.583 are adopted with changes to the proposed text published in the August 2, 2013 issue of the Texas Register (38 TexReg 4871). The amendments to §§9.553, 9.567, and 9.578 are adopted without changes to the proposed text.
The adopted rules were published in the November 29, 2013 issue of the Texas Register. The adopted rules are effective December 1, 2013.
You may access the rules in the Texas Register online at:
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 firstname.lastname@example.org 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)
DADS is Hosting Webinars for Interested Home and Community-based Services (HCS) and TxHmL Stakeholders
The next quarterly webinar will be on November 18, 2013 10:30 a.m. - 11:30 a.m.
This webinar will address the changes to the quality assurance principles that went into effect on May 15, 2013 including the amendment adopted to:
- establish specific requirements regarding charges that an HCS program provider makes against an individual's personal funds; and
- help ensure that an individual's financial welfare is protected and minimize the potential for financial exploitation of an individual.
This webinar will also include a review of the questions that were submitted during the webinar on September 9, 2013.
Please click here to register for this webinar: https://www1.gotomeeting.com/register/734911336.
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Updated: April 19, 2013