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DADS Provider Alerts — Consumer Managed Personal Attendant Services (CMPAS)

Unavailability of the Texas OIG List of Excluded Individuals and Entities

The Texas OIG List of Excluded Individuals and Entities (LEIE) website is unavailable until June 22, 2015. DADS providers are required to continue to check the Federal OIG LEIE and attempt to access the State OIG LEIE. The State OIG LEIE screen will return a message, “This site is currently Unavailable, please check back later.” Providers should print this screen, keep it on file, and be sure to check the website again on Monday, June 22, 2015. If the search identifies an excluded individual or entity, please report to HHSC-OIG the identity of the excluded individual or entity and any amount paid to that individual or entity, by accessing the HHSC-OIG self-reporting protocol, Section III. (Unavailable until June 22, 2015).

(6/19/2015)

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 ICD10@dads.state.tx.us.

(6/4/2015)

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 CmpApplication@dads.state.tx.us.

(6/2/2015)

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 bill.campbell@dads.state.tx.us.

(5/26/2015)

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 Claudia.Leal@dads.state.tx.us.

(5/5/2015)

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: http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_home.shtml.

Email questions pertaining to DADS active contracts to Kathie.carleton-morales@dads.state.tx.us.

Email questions about this policy to Sylvia.kauffman@hhsc.state.tx.us.

(4/6/2015)

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.

(4/2/2015)

CMPAS Copayment Schedule Has Been Updated

The CMPAS Copayment Schedule has been updated to reflect an increase in the Social Security income limit, effective Jan.1, 2015. CMPAS providers must implement individuals’ new copay amounts, if applicable, as soon as possible.

The schedule can be found in the CMPAS Provider Manual, Section 2000.

Questions can be emailed to CMPAS@dads.state.tx.us.

(2/10/2015)

Recent Court Decisions Regarding Amended United States Department of Labor Regulations

The purpose of this notification is to inform providers and consumer directed services (CDS) employers in the programs or services listed below of two U.S. District Court decisions regarding the amended U.S. Department of Labor (DOL) regulations known as the "Home Care Final Rule." The amended regulations made changes regarding the companionship services exemption in the Fair Labor Standards Act and were to go into effect on January 1, 2015.

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; and
Texas Home Living.

On December 22, 2014, U.S. District Court Judge Richard Leon issued an opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), vacating the third party regulation amended by the Home Care Final Rule. To view the decision, see: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-21

On January 14, 2015, Judge Leon issued an opinion and order vacating the Final Rule’s revised definition of companionship services. To view the decision, see: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-32. The district court's orders "vacating" the rule means the Home Care Rule is not in effect.

Based on these decisions, DADS rescinds DADS Bulletin dated December 2, 2014 and Information Letter 14-66 , dated October 17, 2014, regarding Impact of Department of Labor Companionship Exemption on Financial Management Services Agencies and Consumer Directed Services Employers.

For information about these district court decisions, please see the following DOL website at http://www.dol.gov/whd/homecare/; call DOL’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243), available 8am to 5pm in your time zone; or consult your legal counsel.

The DOL may appeal the district court’s decision. DADS will provide updates as information becomes available.

(1/20/2015)

Revised Contract and Fiscal Compliance Monitoring Protocol for DBMD, ERS, CMPAS and SSPD

Beginning Jan. 1, 2015, DADS contract staff monitoring the DBMD, ERS, CMPAS and SSPD contracts will use the same streamlined contract monitoring procedures that have been used since 2009 for other community services contracts. The major changes include:

  • Sample size
    • DBMD - up to 5 people.
    • ERS, CMPAS and SSPD - up to 30 people. This replaces the current sampling process which starts with an initial sample of up to 25 people and expands to a larger sample size if the initial monitored sample reveals deficiencies.
  • Monitoring period – The monitoring period will be 24 months instead of 3-6 months. Although the number of months in the monitoring period is increasing, it is important to note that the number of months in the review period and in the service delivery documentation that DADS contract staff review remain the same.
  • Missing documents - Documents requested by contract staff during the monitoring are due by the exit conference versus 3 workdays after the exit conference.

Please email questions to Kathie.Carleton-Morales@dads.state.tx.us.

(12/3/2014)

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