Revision 13-0; Effective August 1, 2013

 

 

An applicant must have a Home and Community Support Services Agency license in order to offer respite or flexible family support services under contract in the Medically Dependent Children Program Waiver.

 

2100 License Requirement for a Respite or Flexible Family Support Provider

Revision 13-0; August 1, 2013

 

A provider that plans to offer respite or flexible family support services must hold and maintain a Home and Community Support Services Agency (HCSSA) license in good standing in accordance with 40 TAC Chapter 97. Additional information about the HCSSA license can be found at the Resources for Department of Aging and Disability Services (DADS) Service Providers Web page in the HCSSA section.

The HCSSA license must be maintained in order for the provider to be paid for Medicaid services provided under that contract. If an HCSSA license expires due to failure to comply with license renewal requirements, DADS will terminate the contract since it requires an active license. Furthermore, DADS will immediately begin the process of offering choices of new providers from the Choice List and transferring individuals to their selected new provider to avoid interruption of services.

If DADS chooses not to renew a required license and there is not adequate time to allow DADS individuals to choose a new HCSSA provider prior to contract termination, an HCSSA must notify DADS Community Services Contracts in writing, using one of the following:

  • Fax: 512-438-5522, Attn: Community Services Contracts
  • Scan and email to communityservicescontracts@dads.state.tx.us
  • Mail to Department of Aging and Disability Services
    Attn: Community Services Contracts
    701 W. 51st Street – Mail Code W-357
    Austin, TX 78751-9030

 

2110 Licensure Change of Ownership or Control Interest

Revision 13-0; August 1, 2013

 

Resource: Change of Ownership (CHOW) licensure Web page.

A licensed provider under the Home and Community Support Services Agency (HCSSA) 40 Texas Administrative Code, Chapter 97, that intends to sell or transfer the business – known as a change of ownership of the business – will need to inform DADS Community Services Contracts, in addition to the DADS HCSSA licensure unit, if the license holder also has a contract for Medically Dependent Children Program services and intends for the new business owner to continue services under the contract.

A provider operating under a new HCSSA license number and a new contract number, as a result of a CHOW, is not automatically entitled to serve the individuals who received services from the previous provider.

DADS case managers offer individuals choice of a new provider when an HCSSA undergoes a CHOW. The individuals may choose the new provider or any other eligible provider. DADS case managers notify all affected providers of the individual’s choice of a new provider.

 

2200 Contract Requirements

Revision 13-0; August 1, 2013

 

Rules for contracting are located at:

40 TAC Chapter 49, Contracting for Community Care Services
40 TAC Chapter 79, Legal Services

An applicant for a Department of Aging and Disability Services (DADS) contract must comply with all relevant rules and policies to be eligible to establish a contract with DADS.

 

2210 Application for a Contract

Revision 13-0; August 1, 2013

 

The Home and Community Support Services Agency submits Form 2021, License Application, for a contract to the Department of Aging and Disability Services Community Services Contracts unit. The applicant should follow the instructions found on the application Web page.

 

2220 Contract Change

Revision 13-0; August 1, 2013

 

A provider that undergoes a change in business type (e.g., change from a partnership to a corporation) or ownership of the Home and Community Support Services Agency (HCSSA) must notify its DADS Community Services Contracts (CSC) contract manager in writing at least 60 days in advance of the proposed date of the change in business type or ownership.

If the prospective new owner of the HCSSA is not already licensed as an HCSSA, the new owner must download, complete and submit Form 2021, License Application, for an initial license at least 60 days prior to the change of ownership. The new owner should follow the instructions found on the application Web page.

Failure by either the current or prospective owners to provide both DADS Regulatory Services Licensing unit and DADS CSC unit with information about a change in ownership (CHOW) in a timely manner may delay activation of the new HCSSA license or contract linked to the current provider’s HCSSA license. Providers that fail to request the contract change at the same time as the licensure CHOW request may jeopardize the contract. These tasks must be executed simultaneously because HCSSA licensure is required to maintain a Medically Dependent Children Program contract. Providers must comply with all licensure rules related to CHOW.

A provider that undergoes a CHOW or control interest is required to complete a new Form 5871, Disclosure of Ownership and Control Statement, to report the changes. The provider must report changes in ownership, administrators, directors, partners, members, officers, executives, managing employees and trustees of the legal entity and business entities that own the legal entity. See Form 5871 and its instructions for additional guidance.

A provider who wishes to transfer the contract to a different legal entity (an entity with a different Texas Identification Number) must comply with the DADS CSC that was signed by the original provider, which includes that:

“... the Contractor may not transfer or assign this contract without the express prior written approval of the Department.” Providers can view this statement in their copy of the DADS Community Services Contract (Provider Agreement).

DADS CSC unit staff must review and approve the transfer and set the effective date of the new contract.

 

2230 Contract Transfer and Individual Choice

Revision 13-0; August 1, 2013

 

When a contract transfer is requested, the DADS Community Services Contracts unit cancels the previous provider’s contract and issues a new contract with a new contract number to the new provider.

 

2240 Requirement for an Adaptive Aids Provider

Revision 13-0; August 1, 2013

 

An adaptive aids provider must be a durable medical equipment provider with a National Provider Identifier number.

 

2250 Role of the Primary Caregiver in the Contracting Process

Revision 13-0; August 1, 2013

 

The Home and Community Support Services Agency (HCSSA) provides respite and flexible family support services. Every other service, e.g., minor home modifications (MHM), adaptive aids (AA) and transition assistance services (TAS), are services provided by other DADS contracted entities which are chosen by the primary caregiver.The primary caregiver is responsible for negotiating these services.

The DADS case manager offers primary caregivers a choice from a list of providers for MHM. The primary caregiver is responsible for all specifications for procurement and bids according to 40 Texas Administrative Code, Chapter 51, Subchapter C, Division 2. The primary caregiver is responsible for obtaining a minimum of three bids. The primary caregiver submits all the bid information to the DADS case manager who will approve the MHM service. All work must follow Texas Accessibility Standards.

 

2300 Attendant Requirements

Revision 13-0; August 1, 2013

 

Rule: 40 TAC §51.421(c), Requirements for Attendants

Before providing services, the provider must give all unlicensed attendants orientation to the tasks specific to the individual enrolled in the Medically Dependent Children Program in the individual's place of residence. The provider must ensure that a registered nurse determines the attendant’s competency.