2100, Contract Requirements

Revision 13-0; Effective September 3, 2013 

2110 Contracting Requirements for Provider Agencies, Rules

Revision 13-0; Effective September 3, 2013 

40 Texas Administrative Code, Section 55.5, Contracting Requirements for Provider Agencies.

40 Texas Administrative Code, Chapter 49, Contracting for Community Services.

2111 List of Excluded Individuals and Entities (LEIE)

Revision 13-0; Effective September 3, 2013

All provider agencies must comply with requirements to identify individuals and entities excluded from participation in federal and state health care programs.;

2112 Subcontracting

Revision 13-0; Effective September 3, 2013 The provider agency is responsible for the performance of the subcontractor. If Texas Health and Human Services Commission (HHSC) determines that the subcontractor is not in compliance with program requirements, DADS will take action against the provider agency, not the subcontractor.

2113 Contract Amendment

Revision 13-0; Effective September 3, 2013

An amendment is a revision to an existing contract. The provider agency may identify a need and initiate an amendment.

A provider agency must submit an amendment request in writing, using company letterhead, and the request must be signed by the authorized signature authority. HHSC will not accept an amendment request that does not meet this requirement. The contract amendment must be completed following the appropriate amendment process. The contracting forms can be found under HHS Forms site. Contact your HHSC contract manager in order to process any contract amendment.

2120 Nutritional Risk Assessment and National Aging Program Information Systems (NAPIS) Reporting

Revision 13-0; Effective September 3, 2013

The Administration on Aging (AoA) requires the Department of Aging and Disability Services (DADS) to report program information in the National Aging Program Information System (NAPIS). A provider agency must collect, compile and report the required NAPIS information identified below to the DADS contract manager.

A provider agency must:

  1. Develop a nutritional risk score for each individual to whom it delivers a meal, with the exception of individuals receiving meals under Title XIX (Community Based Alternatives), if the individual is:
    • 60 years of age or older; or
    • the spouse (regardless of age) of an individual 60 years of age or older.

  2. Use the Nutritional Risk Assessment which includes the Determine Your Nutritional Health checklist (see links below). Revisions to this form are not allowed. The Nutritional Risk Assessment form is available in both English and Spanish. Each answer on the Nutritional Risk Assessment form is assigned a certain value. The provider agency adds the values to get the nutritional risk score. The nutritional risk score places an individual in a nutritional risk category as follows:

    Nutritional Risk ScoreNutritional Risk Category
    0 - 2Good Nutritional Health
    3 - 5Moderate Nutritional Risk
    6 or MoreHigh Nutritional Risk
  3. Complete the Nutritional Risk Assessment form for each individual at least annually.
  4. Keep the completed Nutritional Risk Assessment on file for each individual.
  5. A provider agency must use the Nutritional Risk Assessment form. Revisions to this form are not allowed.
  6. The Nutritional Risk Assessment form is available in both English and Spanish. The Nutritional Risk Assessment is used to develop a nutritional risk score for each individual. Each answer on the Nutritional Risk Assessment form is assigned a certain value. The provider agency adds the values to get the nutritional risk score.
  7. The provider agency must give the Determine Your Nutritional Health Handout to an individual each time the Nutritional Risk Assessment form is completed. The Determine Your Nutritional Health Handout is also available in Spanish. 
  8. The provider agency must encourage each individual to take the appropriate action for his nutritional risk category indicated on the Determine Your Nutritional Health Handout.

2121 NAPIS Reporting Requirements

Revision 13-0; Effective September 3, 2013 

A common provider and a Title III provider must contact its Area Agency on Aging (AAA) for National Aging Program Information System (NAPIS) reporting requirements.

A provider agency that receives Title XX funding must collect and report the number of Nutritional Services Incentive Program (NSIP) eligible individuals and the following demographic information to its Department of Aging and Disability Services (DADS) contract manager quarterly on an Excel spreadsheet, template provided by DADS. See 4920, Nutrition Services Incentive Program Policies, 4921, Reporting Requirements for NSIP Eligible Meals, 4921.2, Common Providers, 4921.3, DADS Title XX-Only Provider Agencies, and 4922, Other Requirements, for information on NSIP policies and reporting requirements.

The reporting must include the number of:

  • males and females, and the number of individuals whose gender information is unavailable;
  • individuals who live in a rural county, and the number of individuals whose county information is unavailable;
  • individuals living in poverty, and the number of individuals whose poverty (or income) information is unavailable;
    • To determine whether an individual is living in poverty, select HHS Poverty Guidelines for 2023. Refer to Frequently Asked Questions for the official definition of poverty as defined by the Office of Budget and Management;
    • Using the Poverty Guidelines Chart for the 48 contiguous states and the District of Columbia, compare the individual’s annual income to the poverty guideline for persons in family/household of one;
    • For married couples, compare their joint annual income to the poverty guideline for persons in a family/household of two; and
    • Starting with the amount shown, divide by 12 months to determine the monthly amount.
  • individuals by ethnicity and the number of individuals whose ethnicity information is unavailable. Ethnicity is defined as:
    • not Hispanic or Latino; or
    • Hispanic or Latino.
  • individuals by race or the number of individuals whose race information is unavailable. Race is defined as: 
    • White (alone with no other races) – Non-Hispanic; 
    • White (alone with no other races) – Hispanic; 
    • American Indian or Alaskan Native (alone with no other races); 
    • Asian (alone with no other races); 
    • Black/African American (alone with no other races); 
    • Native Hawaiian or Pacific Islander (alone with no other races); or 
    • Persons reporting some other race. 

A provider agency that receives Title XX funding must: 

  • Break down this demographic information by the number of activities of daily living (ADLs) and instrumental activities of daily living (IADLs), and then by age; 
  • Not report an individual more than once per federal fiscal year (October 1 through September 30); and 
  • Provide the NAPIS report quarterly to its contract manager no later than the due date on the following chart.
QuarterMonths CoveredReport Due
1stOctober, November, DecemberJanuary 16th
2ndJanuary, February, MarchApril 16th
3rdApril, May, JuneJuly 16th
4thJuly, August, SeptemberOctober 16th

2200, Staff Requirements

Revision 13-0; Effective September 3, 2013

2210 Staff Requirements, Rule

Revision 13-0; Effective September 3, 2013

A common provider must follow the staff requirements according to both 40 TAC Chapter 55 (see link below) and Chapter 85, Implementation of the Older Americans Act. A provider agency should contact its Area Agency on Aging representative for questions related to Title III and Chapter 85.

A provider agency that receives Title XX and/or Title XIX funding must follow the staff requirements according to TAC Title 40 Chapter 55.

40 Texas Administrative Code, Section 55.7.