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Revision 14-2, Effective November 7, 2014
1100 Introduction
Revision 14-2; Effective November 7, 2014
Rule: 40 Texas Administrative Code (TAC), Chapter 98, Subchapter H, Day Activity and Health Services (DAHS) Contractual Requirements
Definition: 40 TAC, §98.2
Day Activity and Health Services (DAHS) facilities provide services to individuals residing in the community to prevent premature or unnecessarily prolonged placement in institutions. Services are designed to address the physical, mental, medical, and social needs of individuals through the provision of
rehabilitative/restorative nursing and social services which improve or maintain a person's level of functioning. The individual is able to remain in a family environment, thereby allowing the family a measure of normalcy for their daily activities.
The facility must be open during its published hours of operation to:
- respond to inquiries from family members or Texas Department of Aging and Disability Services (DADS) staff concerning the individual, new referrals, etc.; and
- provide services to any individual who wishes to be at the facility during that time.
1200 Legal Basis
Revision 14-2; Effective November 7, 2014
The standards for DAHS were developed to comply with the intent and requirements of:
- Title 6 of the Human Resources Code, Chapters 102 and 103;
- 45 Code of Federal Regulations (CFR) Part 96, Title XX of the Social Security Act; and
- 42 CFR 440.130(d), Title XIX of the Social Security Act.
The laws and regulations provide for the care, treatment, health, safety, and welfare of individuals in DAHS facilities.
1300 General Requirements for Participation
Revision 14-2; Effective November 7, 2014
Provider enrollment is the method of contracting for DAHS. A legal entity may apply to receive a contract if the legal entity meets the requirements specified below.
1310 Licensure Requirement
Revision 14-2; Effective November 7, 2014
A provider must submit a copy of its renewed license to the provider’s regional contract manager within 10 days of receipt from the Regulatory Services Licensing Section. Not submitting a current license is a basis for automatic vendor hold on the provider’s contract.
1320 Delinquency in Payment of Franchise Tax
Revision 14-2; Effective November 7, 2014
State law prohibits the awarding of a contract or the granting of a license or permit by the state or a state agency to any corporation that is delinquent in its payment of franchise tax. A provider may obtain a Certificate of Good Standing by contacting:
Tax Assistance Section
Telephone Bank Operations
Toll Free 1-800-252-5555
Austin: 512-463-4600
1330 Denial of Contracts
Revision 14-2; Effective November 7, 2014
40 TAC §49.702, Application Denial Period
1400 Required Services
Revision 14-2; Effective November 7, 2014
40 TAC §98.202, Program Overview, §98.61, General Requirements, and §98.206, Program Requirements
1500 Excluded Services
Revision 14-2; Effective November 7, 2014
Since podiatry services and eye exams are not covered under the DAHS program, and the facility does not have to provide transportation to non-therapy services, it may be appropriate for the podiatrist or eye doctor to come into the facility.
1600 Licensing Information
Revision 14-2; Effective November 7, 2014
For information about licensing, applicants may:
- call 1-800-458-9858;
- fax a request to 1-877-438-5827; or
- write to:
Texas Department of Aging and Disability Services
Regulatory Services Licensing Section – Mail Code E-349
P.O. Box 149030
Austin TX 78714-9030