SECTION 260.307. Time Frames for Providing an Adaptive Aid

(a) A program provider must ensure an individual receives an adaptive aid, other than a medically necessary supply or device:

(1) costing less than $500 within 14 business days after one of the following dates, whichever is later:

(A) the date HHSC approves the proposed IPC that includes the recommended adaptive aid; or

(B) the effective date of the individual's IPC as determined by the service planning team; and

(2) costing $500 or more within 30 business days after one of the following dates, whichever is later:

(A) the date HHSC approves the proposed IPC that includes the recommended adaptive aid; or

(B) the effective date of the individual's IPC as determined by the service planning team.

(b) For an adaptive aid that is a medically necessary supply or device listed in the Deaf Blind with Multiple Disabilities Program Manual, a program provider must ensure an individual receives the medical supply as follows:

(1) for a medically necessary supply or device that is not immediately needed by the individual, within five business days after one of the following dates, whichever is later:

(A) the date HHSC approves the proposed IPC that includes the recommended medically necessary supply or device; or

(B) the effective date of the individual's IPC as determined by the service planning team; and

(2) for a medically necessary supply or device that is immediately needed by the individual, within two business days after the date HHSC approves the IPC that includes the recommended medically necessary supply or device.

(c) If a program provider is unable to meet the delivery time frames described in subsections (a) or (b) of this section, a program provider may deliver the adaptive aid at a later date if:

(1) the reason for the delay is:

(A) beyond the program provider's control; and

(B) not caused directly by the program provider;

(2) a program provider notifies the individual or LAR and HHSC, orally and in writing, of the delay and provides a revised delivery date; and

(3) a program provider provides the notice to the individual or LAR and HHSC on or before the expiration of the delivery time frames described in subsections (a) or (b) of this section.

(d) A program provider must document the time and date of the oral notice described in subsection (c)(2) of this section in an individual's record and retain a copy of the written notice in the individual's record.

Source Note: The provisions of this §260.307 adopted to be effective February 26, 2023, 48 TexReg 896