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

Deadline Reminder: Jan. 31, 2016, Last Chance to Submit CMP Funds Application for this Application Period

Jan. 31, 2016, is the last day DADS will accept applications from entities requesting an award of CMP funds to pay for projects and activities that benefit nursing facility residents.

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 contact Hilary Bonds at CmpApplication@dads.state.tx.us or 512-438-4425.

(1/27/2016)

Proposed New Rules, Amendments, and Repeals in 40 TAC Chapter 48 — Community Care for the Aged and Disabled

DADS stakeholders have until Feb. 7, 2016, to comment on proposed changes to 40 TAC Chapter 48 regarding Community Care for Aged and Disabled.

Notice of the proposed changes was published in the Jan. 8, 2016, edition of the Texas Register. To find out where and how to submit comments, please refer to the Texas Register section titled "Public Comment."

The proposed changes include:

  • New Subchapter B, Interest Lists;
  • Repeal of Subchapter D, Pilot Project for Persons with AIDS;
  • Amendments to §48.2701, new §48.2702, and repeal of §48.2702 in Subchapter F, In Home and Family Support Program;
  • Amendments to §§48.2907, 48.2910, and 48.2915, and the repeal of §48.2931 in Subchapter H, Eligibility; and
  • Repeal of Subchapter J, Community Based Alternatives (CBA) Program.

Questions about this alert can be sent to heather.wolf@dads.state.tx.us.

(1/19/2016)

Proposed Amendments to 40 TAC Chapter 44 — CMPAS

DADS stakeholders have until Feb. 7, 2016, to comment on proposed changes to 40 TAC Chapter 44 regarding Consumer Managed Personal Attendant Services.

Notice of the proposed changes was published in the Jan. 8, 2016, edition of the Texas Register . To find out where and how to submit comments, please refer to the Texas Register section titled "Public Comment."

The proposed changes include amendments to §§44.102, 44.202, and 44.301 to update the CMPAS rules related to interest lists.

Questions about this alert can be sent to heather.wolf@dads.state.tx.us.

(1/19/2016)

DADS Will Begin Accepting CMP Funds Applications Dec. 1

Beginning Dec. 1, 2015, DADS will begin accepting applications from entities requesting an award of CMP funds to pay for projects and activities that benefit nursing facility residents. We will continue to accept applications through Jan. 31, 2016.

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.

(11/19/2015)

U. S. Dept of Labor Home Care Final Rule Took Effect October 13, 2015

On October 6, 2015, Chief Justice of the United States John Roberts denied an application to stay a decision by the U.S. Court of Appeals for the District of Columbia upholding the U.S. Department of Labor's Home Care Final Rule. Therefore, the court's decision on August 21, 2015 took effect on October 13, 2015.

Enforcement of the final rule begins November 12, 2015.  However, from November 12, 2015 through December 31, 2015, DOL will exercise prosecutorial discretion in determining whether to bring enforcement actions, giving strong consideration to the extent to which states and other entities have made good faith efforts to bring their home care programs into compliance. 

The Home Care ruling addresses minimum wage and overtime protection policies in the following programs or services, including the Consumer Directed Services (CDS) Option:

  • 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.

For previous DADS alerts on the litigation, see "Department of Labor Appeals Home Care Ruling" and "Recent Court Decision Regarding Amended United States Department of Labor Regulations." For more information on the ruling, see DOL's webpage: http://www.dol.gov/whd/homecare/litigation.htm.

For further information, 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.

For CDS employers, DADS has reissued Information Letter 14-66, Impact of Department of Labor Companionship Exemption on Financial Management Services Agencies and Consumer Directed Services Employers (PDF), originally published on October 17, 2014.

(10/14/2015)

CMS Published New ICD-10 Blog

Want to keep up with ICD-10 as implementation moves along? Then read the ICD-10 blog on their website.

In addition, the DADS ICD-10 News & Resources webpage includes links to this blog and other ICD-10 resources for providers.

(10/5/2015)

DADS Accepting Comments on Draft CDS Information Letters through Friday, Sept. 25

DADS stakeholders have until close of business Sept. 25, 2015, to submit comments on draft information letters explaining new DFPS procedures for investigating abuse, neglect, and exploitation related to CDS. Comments and questions should be emailed to CDS@dads.state.tx.us.

There are two draft documents for review:

  1. The first is addressed to LIDDAs, CLASS CMAs, DBMD Providers, CMPAS Providers and FMSAs.
  2. The second is addressed to CDS employers.
(9/22/2015)

Personal Attendant Wages Increase Sept. 1, 2015

On Sept. 1, 2015, providers must begin paying employed or contracted personal attendants who work in the following programs at least $8 an hour, up from the current $7.86 per hour minimum.

  • Residential care services
  • CLASS habilitation services
  • CMPAS personal attendant services
  • DAHS attendants
  • DBMD residential habilitation, Community First Choice personal assistance services/habilitation (CFC PAS/HAB), chore services, and day habilitation
  • HCS supported home living or CFC PAS/HAB
  • CLASS habilitation or CFC PAS/HAB
  • MDCP respite and Flexible Family Support Services
  • PHC, including Family Care and Community Attendant Services
  • TxHmL community support or CFC PAS/HAB

Newly employed or contracting attendants hired on or after Sept.1, 2015, must be notified of the required base wage level within 3 days of being hired.

Background

Title 40 Texas Administrative Code §§49.312 requires that people working as personal attendants in the services/programs listed above, whether as employees or contractors of a provider or as employees or contractors of subcontractors, be paid at or above a specified minimum hourly base wage. The requirement to pay providers of CFC PAS/HAB, effective Sept.1, 2015, will be addressed in a future rule project.

Questions can be directed to Frank Plummer at 512-438-2188 or frank.plummer@dads.state.tx.us.

(8/27/2015)

Miscellaneous FFS Claim Cutoff for FY2013 is Noon, Aug. 11, 2015

DADS providers that have any unbilled miscellaneous fee-for-services (FFS) claims from fiscal year 2013 (Sept. 1, 2012, to Aug. 31, 2013) must submit them by Noon, Aug. 11, 2015.

Miscellaneous FFS claims occur when the service dates are earlier than two prior fiscal years plus the current fiscal year.

More information is available in PDF format on the TMHP website.

(8/6/2015)

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)

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