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Aging and Disability Services Council Sharon Swift Butterworth ...

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K of this title (relating to Minimum St<strong>and</strong>ards for Adult Foster Care);<br />

(B) a nursing facility licensed in accordance with Texas Health <strong>and</strong> Safety Code, Chapter 242;<br />

(C) an ICF/MR licensed in accordance with Texas Health <strong>and</strong> Safety Code, Chapter 252, or<br />

certified by DADS;<br />

(D) an approved outdoor camp accredited by the American Camping Association; or<br />

(E) the residence of another person receiving a Medicaid waiver service; <strong>and</strong><br />

(3) the setting in which out-of-home respite is provided is:<br />

(A) acceptable to the individual or LAR; <strong>and</strong><br />

(B) an accessible, safe, <strong>and</strong> comfortable environment for the individual <strong>and</strong> promotes the<br />

individual's health <strong>and</strong> welfare.<br />

(c) If a DSA provides out-of-home respite in a residence described in subsection (b)(2)(E) of<br />

this section, the DSA must:<br />

(1) obtain written approval from each person residing in the residence who is receiving a<br />

Medicaid waiver service, or LAR, for the provision of respite in the residence; <strong>and</strong><br />

(2) ensure that no more than four persons receiving a Medicaid waiver service are residing<br />

in the residence.<br />

(d) The maximum amount DADS authorizes as payment to a DSA for all dental treatment <strong>and</strong><br />

adaptive aids combined [begin addition] for an individual [end addition] is [begin addition]<br />

$6,935 [end addition] [begin deletion] $10,000 [end deletion] per IPC period [begin deletion] for<br />

an individual [end deletion] [begin addition], unless an exception is granted by DADS in<br />

accordance with §45.219(c) of this chapter, in which case the maximum amount is $10,000 per<br />

IPC period in accordance with §45.219(d)(1)(A) of this chapter [end addition].<br />

(e) A DSA must follow the process for requesting authorization to purchase dental treatment<br />

as described in the CLASS Provider Manual.<br />

This agency hereby certifies that the proposal has been reviewed by legal counsel <strong>and</strong> found to<br />

be within the agency's legal authority to adopt.<br />

Issued in Austin, Texas, on .<br />

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