SECTION 260.319. Requesting Authorization to Purchase a Minor Home Modification that Costs $1,000 or More

(a) To purchase a minor home modification for an individual that costs $1,000 or more, a program provider must:

(1) ensure that the individual's service planning team includes the cost, not to exceed $200, of the specifications for the requested minor home modification in the individual's IPP and IPC developed in accordance with:

(A) for an enrollment IPP and enrollment IPC, §260.65 of this chapter (relating to Development of an Enrollment IPP) and §260.67 of this chapter (relating to Development of a Proposed Enrollment IPC); or

(B) for a revision or renewal IPP and IPC, §260.77(a) - (d) of this chapter (relating to Renewal and Revision of an IPP and IPC); and

(2) ensure the case manager:

(A) obtains an HHSC Rationale for Adaptive Aids, Medical Supplies, and Minor Home Modifications form completed in accordance with the Deaf Blind with Multiple Disabilities Program Manual; and

(B) submits to HHSC:

(i) the IPC and IPP:

(I) in accordance with §260.61(l)(1) of this chapter (relating to Process for Enrollment of an Individual) for an individual requesting enrollment in the DBMD Program; or

(II) in accordance with §260.77(a) - (d) of this chapter for an individual receiving DBMD Program services; and

(ii) the completed HHSC Rationale for Adaptive Aids, Medical Supplies, and Minor Home Modifications form.

(b) HHSC reviews the documentation submitted in accordance with subsection (a)(2)(B) of this section, and makes a determination in accordance with:

(1) for an enrollment IPP and enrollment IPC, §260.69 of this chapter (relating to HHSC's Review of Request for Enrollment); or

(2) for a revision or renewal IPP and IPC, §260.77(f) of this chapter.

(c) If HHSC approves the IPC for payment of the specifications, a program provider must:

(1) within 30 calendar days after the date HHSC approves the IPC, obtain the specifications in accordance with §260.321 of this division (relating to Specifications for a Minor Home Modification); and

(2) within 60 calendar days after the specifications are obtained:

(A) obtain bids from vendors in accordance with §260.323(a) - (c) of this division (relating to Bid Requirements for a Minor Home Modification); and

(B) select a vendor in accordance with §260.323(d) of this division to complete construction of the minor home modification.

(d) A program provider must:

(1) include the cost of the minor home modification from the bid submitted by the vendor selected as described in subsection (c)(2)(B) of this section and the cost of the inspection of the minor home modification, not to exceed $150, in an IPC and IPP developed in accordance with:

(A) for an enrollment IPP and enrollment IPC, §260.65 of this chapter and §260.67 of this chapter; or

(B) for a revision or renewal IPP and IPC, §260.77(a) - (d) of this chapter; and

(2) ensure the case manager submits the IPC and IPP to HHSC:

(A) in accordance with §260.61(l)(1) of this chapter for an individual requesting enrollment in the DBMD Program; or

(B) in accordance with §260.77(a) - (d) of this chapter for an individual receiving DBMD Program services.

(e) HHSC reviews the documentation submitted in accordance with subsection (d)(2) of this section, and makes a determination in accordance with:

(1) §260.69 of this chapter, for an enrollment IPP and enrollment IPC; or

(2) §260.77(f) of this chapter, for a revision or renewal IPP and IPC.

(f) Before construction of a minor home modification begins, a program provider must:

(1) obtain written approval for construction of the modification from the owner of the property in question, unless such approval is granted in an applicable lease agreement; and

(2) ensure that the selected vendor obtains any required building permits.

(g) A program provider must direct a vendor to begin construction of a minor home modification within seven calendar days after one of the following, whichever is later:

(1) the date HHSC approves the proposed IPC; or

(2) the effective date of the IPC as determined by the service planning team.

Source Note: The provisions of this §260.319 adopted to be effective February 26, 2023, 48 TexReg 896