Revision 06-1; Effective April 10, 2006

 

 

1100 Introduction

Revision 06-1; Effective April 10, 2006

 

Emergency Response Services (ERS) are provided through an electronic monitoring system used by functionally impaired adults who live alone or who are functionally isolated in the community. In an emergency, the individual can press a call button to signal for help. The electronic monitoring system, which has a 24-hour, seven-day-a-week monitoring capability, helps to ensure that the appropriate person or service provider responds to an alarm call from an individual.

This handbook provides general information to potential and current ERS providers. You are responsible for complying with all rules pertaining to ERS.

 

1200 Legal Base

Revision 06-1; Effective April 10, 2006

 

Emergency response is an optional service authorized under 45 CFR, Part 96, and the Human Resources Code, Title II, Chapter 22. The Texas Legislature authorized its implementation in June 1979 to ensure alternatives to institutionalization for eligible individuals.

 

1300 General Requirements for Participation

Revision 06-1; Effective April 10, 2006

 

Provider enrollment is the method of contracting for Emergency Response Services (ERS). A legal entity may apply to receive a contract if the legal entity meets the requirements specified in 40 Texas Administrative Code (TAC), Chapter 52, Contracting to Provide Emergency Response Services, and 40 TAC, Chapter 49, Contracting for Community Care Services.

Become familiar with the following rules. Remember, you have licensure requirements as well. Contact the Department of State Health Services for the particular rule citation. There may be additional rules from other agencies. It is your responsibility to obtain them. All rules can be accessed at the following website: http://www.dads.state.tx.us/rules/TAC.html.

  • 1 Texas Administrative Code (TAC), Part 15, Chapter 355, Subchapter A, §§355.101-111, Cost Determination Process
  • 40 TAC, Chapter 48, Community Care Aged and Disabled, Subchapter J
  • 40 TAC, Chapter 49, Contracting for Community Care Services
  • 40 TAC, Chapter 52, Contracting to Provide Emergency Response Services
  • 40 TAC, Chapter 69, Contract Administration
  • 40 TAC, Chapter 79, Legal Services

 

1310 Licensure Requirement

Revision 06-1; Effective April 10, 2006

 

You must submit a copy of your renewed license to your regional contract manager within 10 days of receipt from the Department of State Health Services' Personal Emergency Response Services. Not submitting a current license is a basis for automatic vendor hold on your contract.

 

1320 Delinquency in Payment of Franchise Tax

Revision 06-1; Effective April 10, 2006

 

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. You may obtain a Certificate of Good Standing by contacting:

Tax Assistance Section, State Comptroller's Office
Telephone Bank Operations
Interstate WATS: 1-800-252-5555
Austin: 512-463-4600
 

 

1330 Exclusion

Revision 06-1; Effective April 10, 2006

 

You cannot be excluded from participating in Title 18 and/or Title 19 of the Social Security Act. This is specified in Chapter 49, Contracting for Community Care Services.

 

1340 Required Disclosure of Previous Employment and Certification

Revision 06-1; Effective April 10, 2006

 

Chapter 79, Legal Services, states that the contractor must disclose the employment history of anyone employed by him or those individuals who are an owner, director, consultant, etc. If a former or current Department of Aging and Disability Services (DADS) employee or former or current council member or relative is an officer, director, owner or employee, the commissioner of DADS (or designee) must approve the contract or contract renewal. DADS can terminate a contract if you do not provide correct information or you subcontract to avoid the application process.

 

1350 Denial of Contracts

Revision 06-1; Effective April 10, 2006

 

In most instances, a contract may be terminated for validated reports of abuse, neglect or exploitation and the perpetrator is an employee, volunteer or owner who has or will have access to employees as outlined in Chapter 49, Contracting for Community Care Services; however, there may be unusual circumstances involved. If a validated report was minor, old and a one-time action, the Department of Aging and Disability Services (DADS) may choose to award a contract.

It is DADS' responsibility to investigate and document the validated reports. If you take remedial action to prevent the occurrence from repeating, DADS has the option to award or continue the contract.

 

1400 Licensing Information

Revision 06-1; Effective April 10, 2006

 

For information about licensing and general correspondence, contact:

Personal Emergency Response Services
Department of State Health Services
1100 West 49th Street
Austin, Texas 78756-3183

To renew a license and mail a check, contact:

Personal Emergency Response Services
Department of State Health Services
P.O. Box 12197
Capitol Station
Austin, Texas 78711-2197