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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER JCOMMUNITY BASED ALTERNATIVES (CBA) PROGRAM
RULE §48.6068Cost-Effective Purchases of Minor Home Modifications

(a) The HCSSA must:

  (1) determine and document the needs and preferences of the individual for the minor home modification;

  (2) document the necessity for the minor home modification;

  (3) for a minor home modification expected to cost $1,000 or more, obtain written specifications for use in procuring bids and inspecting the completed minor home modification;

  (4) after obtaining written specifications for a minor home modification expected to cost $1,000 or more, obtain a minimum of three written bids based on the written specifications;

  (5) select a bidder to provide the minor home modification and document the reason for selecting the bid including cost, completion time of modification, record of quality service, timely response to repair requests, and warranties; and

  (6) inspect the minor home modification for completion, compliance with the written specifications, if applicable, quality of workmanship, and compliance with Texas Accessibility Standards within seven DADS workdays after the work is completed.

(b) The HCSSA must ensure that written specifications obtained in accordance with subsection (a)(3) of this section are obtained from a person with experience in minor home modifications.

  (1) If the minor home modification will involve more than one contractor, the HCSSA must obtain separate written specifications for the portion of the minor home modification to be completed by each contractor if that portion is expected to cost $1,000 or more. The HCSSA may request reimbursement for each set of written specifications.

  (2) The HCSSA must maintain documentation that supports the written specifications.

  (3) The HCSSA must record the following in a document maintained in the individual's record:

    (A) the individual's name and address;

    (B) a description of the minor home modification;

    (C) the specifications, including applicable local regulations, construction requirements, and Texas Accessibility Standards;

    (D) the printed name and dated signature of the person who prepared the specifications; and

    (E) the individual's dated signature.

  (4) The HCSSA must maintain the following documentation in the individual's record:

    (A) a description of the experience of the person who prepares the written specifications; and

    (B) the invoice for the written specifications.

  (5) The person who develops the written specifications may bid on the completion of the minor home modification.

(c) The HCSSA must:

  (1) include the cost of the written specifications when submitting the ISP to DADS for authorization of the minor home modification;

  (2) submit a claim for a specification fee only if DADS authorizes the specification fee; and

  (3) ensure that amount of the specification fee submitted to DADS does not exceed the amount of the invoice described in subsection (b)(4)(B) of this section.

(d) DADS authorizes reimbursement of the actual cost of the written specifications as documented in the invoice described in subsection (b)(4)(B) of this section subject to the limit described in §48.6078(5) of this subchapter (relating to Billable Units).

(e) The inspection requirements are as follows:

  (1) The HCSSA must ensure that a qualified person conducts an inspection of the completed minor home modification in accordance with subsection (a)(6) of this section.

  (2) The HCSSA must ensure that the inspection is not performed by the contractor who completed the minor home modification, or the attendant.

    (A) The invoice cost of the inspection is reimbursable as a minor home modification up to a maximum of $150.

    (B) The HCSSA must maintain documentation to support the cost for performing the inspection.

  (3) Once the inspection is concluded and the minor home modification is completed, the HCSSA must send a copy of the CBA documentation of completion of purchase form to the DADS case manager within seven DADS workdays after the completion of the inspection.

    (A) The HCSSA may submit a claim to DADS for the cost of building materials before the minor home modification is completed.

    (B) The minor home modification must pass inspection before the HCSSA submits a claim to DADS for the costs of labor and completion.


Source Note: The provisions of this §48.6068 adopted to be effective September 1, 1998, 23 TexReg 8473; amended to be effective December 1, 2011, 36 TexReg 8061

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