SECTION 259.267. Requirements of DSA Following Provision of Adaptive Aid


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  • (a) No later than 10 business days after an individual has received an adaptive aid, a DSA must ensure that:

    (1) the adaptive aid meets the specifications required by §259.257(e)(1) of this division (relating to Requirements for Authorization to Purchase an Adaptive Aid Costing $500 or More); and

    (2) a staff person involved in purchasing the adaptive aid for the individual:

    (A) contacts the individual to determine whether the adaptive aid meets the needs of the individual; and

    (B) documents the results of that contact on the HHSC Documentation of Completion of Purchase form described in the Community Living Assistance and Support Services Provider Manual.

    (b) If the DSA determines that the adaptive aid does not meet the specifications required by §259.257(e)(1) of this division, the DSA must work with the vendor to ensure that the adaptive aid meets the specifications no later than 30 calendar days after the DSA's determination.

    (c) If the staff person or individual or LAR determines that the adaptive aid does not adequately meet the individual's needs because the individual needs training or other assistance, or the adaptive aid requires repair or adjustment, the DSA must ensure that, no later than 14 business days after the determination, a person who is qualified to perform such training, assistance, repair, or adjustment visits the individual in person and performs the necessary functions.

    (d) If the individual or LAR has concerns about the adaptive aid that are not addressed by the DSA's compliance with subsections (b) and (c) of this section, the DSA must process the individual's or LAR's concerns as a complaint in accordance with 40 TAC §49.309 (relating to Complaint Process).

Source Note: The provisions of this §259.267 adopted to be effective January 30, 2023, 48 TexReg 362