Revisions

20-1, Miscellaneous Changes

Revision 20-1; Effective September 1, 2019

 

Miscellaneous changes were made in all sections of the handbook effective September 1, 2019. All references to the Texas Department of Aging and Disability Services (DADS) are changed to Texas Health and Human Services Commission (HHSC).

13-1, Reorganization and Amendments

Revision 13-1; Effective November 1, 2013

 

The following changes were made:

Section

 

Title

 

Change

 

All Sections

 

Clarifies standard operation procedure and roles for DADS staff and contractors. Reflects policy change in referring guardianship of the person only.

Section 1000

A Referral to Guardianship Contractor's Procedures

Reflects changes regarding guardianship of the person only referrals. Clarifies determination of appropriate successor guardianships with the required materials for contractor referral packets.

Modifies the begin date of reimbursement due to a change in policy. Contractor referral forms with a date of acceptance after the 15th of the month will no longer be paid one-half of the unit rate for the month.

Amends extensions for applications of guardianship to add:
After guardianship is obtained by the contractor, the file stamped letters of guardianship and a copy of the oath must be emailed, mailed or faxed by the contractor to the contract manager and guardianship supervisor. The contract manager will scan and attach the letters and oath in the ward’s case file.

Clarifies the resignation of DADS as guardian for referred cases to clarify the procedures of contractor, guardianship supervisor and DADS regional attorney.

Clarifies the transfer of records for successor guardianship with added duties and responsibilities of the guardianship supervisor and guardianship specialist to provide the contractor with the ward’s documentation and property within seven calendar days of notification of the successor guardianship.

Amends referrals resulting in payment from DADS to add: DADS only pays for contracted wards if DADS was first appointed guardian by the court.

Updates the responsibilities of DADS staff to reflect standard operating procedure in documentation in the Guardianship Online Database (GOLD) and DADS responsibilities when a case is transferred.

Section 2000

Billing and Payment Procedures

Moves and revises the information previously in Section 3000.

Section 3000

Protocol and Contract Monitoring Guidance

Moves and revises the information previously in Section 4000.

Sections 4000, 5000 and Glossary

Deleted

Moves the information previously in these sections to other sections of the handbook.

Appendix I

List of Excluded Individuals and Entities (LEIE)

Adds a new appendix. Deletes previous appendices.

08-2, Updating IMPACT to GOLD, added information on contractor responsibilities, made corrections, and word changes

Revision 08-2; Effective November 7, 2008

The following changes were made:

Section Title Change
All Sections   Replaced the term Inventory Management for Protecting Adults and Children in Texas (IMPACT) with Guardianship Online Database (GOLD)
Section 1000 A Referral to Guardianship Contractor's Procedures Replaced the term certificate of medical eligibility with Certificate of Medical Examination.
Section 2000 Referral of Wards for Successor Guardianship

Under the heading called Transfer of Records for Successor Guardianship, the term checkbook(s) was replaced with checkbook registry.

The following text was added:

The contractor is responsible for securing and safeguarding the ward’s resources, benefits and property immediately upon appointment of guardianship, and for becoming the representative payee for the ward, as applicable. The contractor must not engage in activities, or seek to transfer the ward’s resources, benefits or estate in the contractor’s name, prior to being appointed guardian. After the appointment, it is important for the contractor to make every effort to secure the ward’s financial information and to become the identified guardian of the record so the ward’s bills will be paid timely. The contractor must have the ward’s financial accounts restyled and signature cards completed upon appointment.

A contractor may charge the bond required by the court to a ward’s estate if the ward’s estate has sufficient funds to pay the bond, and the contractor is or will be guardian of the estate or guardian of the person and estate. A contractor may not charge legal fees for guardianship of the estate, guardianship of the person and estate, and may not charge bond or legal fees for guardianship of the person. If the contractor is guardian of the person and someone else is guardian of the estate and there are enough funds in the estate, the contractor may work with the guardian of the estate for payment of the bond.

Added “calendar” to the last sentence of the section: It is imperative the contractor file the application for guardianship within 30 calendar days from the date of acceptance to assume full responsibility for the ward.

Section 3000 Billing and Payment Procedures Updated Texas Administrative Code (TAC) reference, corrected link to Appendix II and corrected typographical error.
Section 4000 Protocol and Contract Monitoring Guidance Updated TAC references.
Appendix II DADS Regional Offices and Contact Information Updated document with most recent information.
Glossary Program Terms

Replaced the term certification of medical eligibility with Certificate of Medical Examination.

Added GOLD – Guardianship Online Database

Form 5013 Contractor Referral Replaced IMPACT with GOLD.

08-1, Policy and Forms Revisions and Addition

Revision 08-1; Effective April 14, 2008

The following changes were made:

Section Title Change
Section 1000 A Referral to Guardianship Contractor’s Procedures This Revision
  • adds new policies and procedures for developing, reviewing and processing referral packets for new referrals;
  • adds policy for the contractors to request extensions for filing applications for guardianship; and
  • updates policy about closing referred cases in the Inventory Management for Protecting Adults and Children in Texas (IMPACT) for DADS regional staff.
Section 2000 Referral of Wards for Successor Guardianship This Revision
  • adds new policies and procedures for developing, reviewing and processing referral packets for successor guardianship;
  • adds policy for the contractors to request extensions for filing applications for guardianship;
  • updates the policy on the transfer of ward’s information when the contractor has been appointed the guardian;
  • adds policy about the resignation of DADS as guardian;
  • updates information when the regional staff close referred cases in IMPACT; and
  • updates policy about closing referred cases in IMPACT.
Section 4000 Protocol and Contract Monitoring Guidance This Revision
  • clarifies working days versus calendar days;
  • updates the following Condition Statements and Standards:

    Condition Statement 1 – Standard 5 has been separated into two different standards:
    • Standard 5 – a system for tracking complaints; and
    • Standard 6 – processes for responding to crisis.

    Condition Statement 2 – deletes the regional supervisor for standards and replaces it with the DADS Oversight and Community Support (OCS) contract manager.

    Condition Statement 4 – all standards have been modified to address legislative requirements regarding the qualifications of case managers and criminal background checks.

    Condition Statement 7 – clarifies the time frames for filing applications for guardianship, deletes the regional supervisor and replaces it with the DADS OCS contract manager.

    Condition Statement 8 – adds a new standard for securing file marked or certified copies of all legal documents.

    Condition Statement 9 – adds a new standard for securing file marked or certified copies of all legal documents.
Section 5000 Protocol and Contract Monitoring Guidance for Readiness Reviews New section adds policy regarding the readiness review, which determines the contractor’s readiness for a compliance monitoring review. Readiness reviews are conducted for new guardianship contractors before the initial annual compliance review.
Appendix I Contracting Standards for Monitoring Reviews Refer to Section 4000, Protocol and Contract Monitoring Guidance, for changes in this section.

Additional references and information have been added throughout the appendix and to the Additional Guidance column. Language has been changed throughout to bring the content into active voice.

Form 5013 Contractor Referral This Revision
  • adds a box to include the date the referral was sent to the contractor; and
  • corrects the abbreviation for ICF/MR.
Form 5156 Referral Checklist New form used in developing the referral packets for new and successor guardianship referrals. Refer to Sections 1000 and 2000.