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

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)

Amended United States Department of Labor Regulations Effective January 1, 2015

The purpose of this notification is to inform providers in the following programs or services that amended U.S. Department of Labor (DOL) regulations will go into effect on January 1, 2015.

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.

The amended regulations prohibit third party employers (which includes private entities) of domestic service employees, from claiming the companionship services exemption or the live-in domestic service employee exemption to the Fair Labor Standards Act. The regulations may be found at 29 CFR Part 552. Consequently, effective January 1, 2015, the regulations require you to pay at least the federal minimum wage and overtime pay to your domestic service employees, regardless of the employees’ duties.

For information about the amended DOL regulations, including DOL Fact Sheets, please see the following DOL website: 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.

(12/2/2014)

Ebola Health Alert

For the latest and most reliable information about the Ebola virus in Texas, go here https://service.govdelivery.com/accounts/TXHHSC/subscriber/new and sign up for email updates from the Texas Department of State Health Services (DSHS).

DSHS has confirmed one case of Ebola in Dallas County, and has issued an alert that can be seen here www.dallascounty.org/department/hhs/documents/DSHS_EbolaTestHealthAlert.pdf. DSHS emphasizes that the virus is transmitted only through direct contact with the blood or body fluids of someone infected with the disease.

The Centers for Disease Control and Prevention has developed a checklist www.cdc.gov/vhf/ebola/pdf/hospital-checklist-ebola-preparedness.pdf to use in case your organization identifies anyone who has traveled to or from an area affected by Ebola.

The checklist will help detect and respond appropriately to possible Ebola cases, while protecting clients and facility staff.

(10/3/2014)

National Medication Schedule Change

The Texas Board of Nursing, Texas Medical Board and Texas State Board of Pharmacy are encouraging all DADS providers to review the attached information, in PDF format, about the reclassification of hydrocodone combination products (HCPs) by the U.S. Drug Enforcement Agency.

Remember, all providers that order, dispense, or prescribe HCPs in Texas must comply with requirements for prescribing Schedule II medications as set forth in state and federal law beginning Oct. 6, 2014.

(9/19/2014)

REVISED Automatic Medicaid Managed Care (STAR+PLUS) Enrollment for Some CBA, PHC and DAHS Individuals

Automatic Medicaid Managed Care Enrollment for Some Individuals

Why am I receiving this alert?

You are a provider for one or more of the following:

  • Community Based Alternatives (CBA)
  • Primary Home Care (PHC)
  • Day Activity Health Services (DAHS)

The Health and Human Services Commission (HHSC) wants to make sure you have the latest information regarding the September 1, 2014 expansion of STAR+PLUS to the Medicaid Rural Service Areas (MRSAs).

Some mandatory STAR+PLUS candidates currently receiving CBA, PHC or DAHS program services in the MRSAs did not receive a STAR+PLUS enrollment packet in the mail. HHSC will automatically assign these individuals to a managed care organization (MCO) in the service area in which they live and these individuals will be automatically enrolled in the STAR+PLUS program effective September 1. HHSC will take into consideration the person's current primary care provider, previous medical history, and the STAR MCO they may currently be enrolled with when making this MCO assignment. HHSC is taking this action to ensure the individuals you serve are able to continue receiving their long term services and supports.

The mandatory STAR+PLUS candidates we’re referring to in this letter did not receive an enrollment packet for the following reasons:

  • Invalid addresses in the State Medicaid Eligibility System.
  • A lapse in Medicaid eligibility. Some mandatory candidates lost Medicaid eligibility during July and August and have recently had their Medicaid eligibility reinstated.  This resulted in making them a mandatory candidate for STAR+PLUS effective September 1, 2014.

Who will be automatically enrolled into a MCO?

Mandatory candidates who must enroll in STAR+PLUS are adults age 21 and older residing in the MRSA Central, MRSA West, or MRSA Northeast who:

  • receive Social Security Income (SSI), or SSI-related benefits (including individuals enrolled in PHC or DAHS), and/or
  • are currently enrolled in CBA.

Who is excluded from automatic enrollment into a MCO?

Individuals who are mandatory for STAR+PLUS and reside in an intermediate care facility for individuals with intellectual disabilities and related conditions (ICF-IID) or receive services through Texas Home Living, Home and Community-based Services, Deaf Blind Multiple Disabilities, Community Living Assistance and Support Services waivers will not be automatically enrolled at this time.

How can you help?

Please encourage the individuals you serve to update their address with the appropriate entity to ensure HHSC and the managed care enrollment broker, MAXIMUS, have the correct address. This will help with future mailings and appropriate assignment to a MCO.

Individuals, Medicaid authorized representatives, or representative payees, as appropriate, can provide current address information as follows:

  • Addresses for individuals receiving SSI can be updated through the Social Security Administration (SSA) by calling the SSA at 1-800-772-1213 or contacting the individual’s local SSA office.
  • Addresses for individuals currently not receiving SSI can be updated by calling 2-1-1.

What is the standard managed care enrollment process?

For candidates identified as mandatory for STAR+PLUS after September 1, HHSC will follow the standard enrollment process. These Individuals will receive an enrollment packet from MAXIMUS and have at least 15 days to choose a MCO. If a candidate does not choose an MCO, HHSC will auto-assign the individual to a MCO in the service area in which they live. Individuals can call MAXIMUS at any time to change their MCO or to ask questions by calling 1-877-782-6440. It can take 15 to 45 days for a MCO change to take effect.

Where do I go to learn more about the changes happening on September 1, 2014 ?

Please visit the HHSC website, "Expansion of Medicaid Managed Care" at http://www.hhsc.state.tx.us/medicaid/managed-care/mmc.shtml.

The Department of Aging and Disability Services (DADS) publishes information regarding the transition of LTSS from DADS to the STAR+PLUS program on the DADS website at: www.dads.state.tx.us/providers.

Refer to information letters and alerts regarding managed care and STAR+PLUS topics

(8/25/2014)

Adoption of Repealed Rules in 40 Texas Administrative Code, Chapter 69, Contract Administration

The Texas Health and Human Services Commission, on behalf of the Department of Aging and Disability Services, adopts the repeal of Chapter 69, consisting of §§69.1 - 69.4, 69.11 - 69.19, 69.31 - 69.40, 69.51 - 69.55, 69.71 - 69.73, 69.81, 69.91 - 69.93, 69.101 - 69.103, 69.111 - 69.118, 69.131 - 69.139, 69.151 - 69.160, and 69.171 - 69.186, concerning Contract Administration, without changes to the proposal as published in the April 18, 2014, issue of the Texas Register (39 TexReg 3210).

The adoption of the repealed rules was published in the August 22, 2014 issue of the Texas Register. The adopted rules are effective September 1, 2014.

You may access the rules in the Texas Register online at:
http://www.sos.state.tx.us/texreg/archive/August222014/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#298

(8/25/2014)

Adoption of Rules in 40 Texas Administrative Code, Chapter 49, Contracting for Community Care Services

The Texas Health and Human Services Commission, on behalf of the Department of Aging and Disability Services, adopts the repeal of Chapter 49, Contracting for Community Care Services, Subchapter A, consisting of §49.1, concerning definitions; Subchapter B, consisting of §§49.11 - 49.18 and §49.20, concerning contractor requirements; Subchapter C, consisting of §§49.31 - 49.33, concerning records; Subchapter D, consisting of §49.41 and §49.42, concerning billings and payments; Subchapter E, consisting of §§49.51 - 49.54, concerning audits, monitoring, and reviews; Subchapter F, consisting of §§49.61 - 49.63, concerning sanctions and terminations; and Subchapter G, consisting of §§49.71 - 49.73, concerning personal attendants wages; and adopts new Chapter 49, Contracting for Community Services, Subchapter A, consisting of §49.101 and §49.102, concerning application and definitions; Subchapter B, consisting of §§49.201 - 49.211, concerning contractor enrollment; Subchapter C, consisting of §§49.301 - 49.312, concerning requirements of a contractor; Subchapter D, Division 1, consisting of §49.401, concerning applicability of Subchapter D; Division 2, consisting of §§49.411 - 49.414, concerning monitoring and investigation; Subchapter E, Division 1, consisting of §49.501, concerning applicability of Subchapter E; Division 2, consisting of §49.511, concerning immediate protection; Division 3, consisting of §§49.521 - 49.523, concerning actions; Division 4, consisting of §§49.531 - 49.534, concerning sanctions; Division 5, consisting of §49.541, appeals; Division 6, consisting of §49.551, concerning termination by contractor; Subchapter F, consisting of §49.601, concerning review by DADS of expiring or terminated contract; and Subchapter G, consisting of §49.701 and §49.702, concerning application denial period, in Chapter 49, Contracting for Community Care Services. New §§49.101, 49.102, 49.204, 49.205, 49.208, 49.304, 49.305, 49.308, 49.309, 49.310, 49.413, 49.522, and 49.551 are adopted with changes to the proposed text published in the April 18, 2014, issue of the Texas Register (39 TexReg 3148). New §§49.201 - 49.203, 49.206, 49.207, 49.209 - 49.211, 49.301 - 49.303, 49.306, 49.307, 49.311, 49.312, 49.401, 49.411, 49.412, 49.414, 49.501, 49.511, 49.521, 49.523, 49.531 - 49.534, 49.541, 49.601, 49.701 and 49.702 are adopted without changes to the proposed text.

The adopted rules were published in the August 22, 2014 issue of the Texas Register.  The adopted rules are effective September 1, 2014.

You may access the rules in the Texas Register online at:
http://www.sos.state.tx.us/texreg/archive/August222014/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#224

(8/25/2014)

Adoption of Rules in 40 Texas Administrative Code, Chapter 44, Consumer Managed Personal Attendant Services

The Texas Health and Human Services Commission, on behalf of the Department of Aging and Disability Services, adopts an amendment to §44.302, concerning provider qualifications and responsibilities in all Consumer Managed Personal Attendant Services (CMPAS) service delivery options, in Chapter 44, Consumer Managed Personal Attendant Services, without changes to the proposed text as published in the April 18, 2014, issue of the Texas Register (39 TexReg 3130).

The adopted rule was published in the August 22, 2014 issue of the Texas Register.  The adopted rule is effective September 1, 2014.

You may access the rules in the Texas Register online at:
http://www.sos.state.tx.us/texreg/archive/August222014/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#197

(8/25/2014)

Chapter 49, Contracting for Community Services Webinar

The Department of Aging and Disability Services (DADS) is hosting three webinars on the proposed Chapter 49, Contracting for Community Services, rule revisions:

August 18, 2014 from 1:30 p.m. until 4 p.m.
Space is limited.
Reserve your Webinar Seat Now at:
https://www1.gotomeeting.com/register/415951600

August 21, 2014 from 1:30 p.m. until 4 p.m.
Space is limited.
Reserve your Webinar Seat Now at:
https://www1.gotomeeting.com/register/322963073

August 26, 2014 from 1:30 p.m. until 4 p.m.
Space is limited.
Reserve your Webinar Seat Now at:
https://www1.gotomeeting.com/register/361402737

With webinars, you may choose to listen to the audio portion of the presentations by using your computer speakers. A phone line will also be available for those who may have a need to call in. Please be aware that attendees who choose the phone option may be subject to long distance phone charges.

After registering, you will receive a confirmation email containing information about joining the webinar.

System Requirements
PC-based attendees:
Required: Windows® 8, 7, Vista, XP or 2003 Server
Mac®-based attendees:
Required: Mac OS® X 10.6 or newer
Mobile attendees
Required: iPhone®, iPad®, Android™ phone or Android tablet

Please contact Kathie Carleton-Morales at Kathie.Carleton-Morales@dads.state.tx.us if you have any questions about the upcoming webinar.

(8/11/2014)

DADS Guide to Employment for People with Disabilities Now Available

This new publication was designed for people who want to improve employment outcomes for people with disabilities including Texas Department of Aging and Disability Services (DADS) employees, contracted case managers and service coordinators, service providers, and people who receive DADS services and their families.

While some parts of the guide focus on employment services programs, the rest applies to all DADS program participants. As such, all stakeholders are encouraged to use it.

Highlights include:

  • Recommended roles and responsibilities at each stage of a job search
  • Strategies for overcoming the transportation obstacle
  • Tools and guidance for coordinating services with the Texas Department of Assistive and Rehabilitative Services
  • Index of DADS rules related to employment supports
  • Information about Medicaid Buy-In, and other ways to maintain needed services while working
  • Description of Social Security Administration work incentives
(7/3/2014)

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