Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
Subtitle A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION |
Chapter 534. COMMUNITY SERVICES |
Subchapter B. COMMUNITY-BASED SERVICES |
Sec. 534.057. RESPITE CARE
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(a) The board shall adopt rules relating to the provision of respite care and shall develop a system to reimburse providers of in-home respite care.
(b) The rules must:
(1) encourage the use of existing local providers;
(2) encourage family participation in the choice of a qualified provider;
(3) establish procedures necessary to administer this section, including procedures for:
(A) determining the amount and type of in-home respite care to be authorized;
(B) reimbursing providers;
(C) handling appeals from providers;
(D) handling complaints from recipients of in-home respite care;
(E) providing emergency backup for in-home respite care providers; and
(F) advertising for, selecting, and training in-home respite care providers; and
(4) specify the conditions and provisions under which a provider's participation in the program can be canceled.
(c) The board shall establish service and performance standards for department facilities and designated providers to use in operating the in-home respite care program. The board shall establish the standards from information obtained from the families of patients and clients receiving in-home respite care and from providers of in-home respite care. The board may obtain the information at a public hearing or from an advisory group.
(d) The service and performance standards established by the board under Subsection (c) must:
(1) prescribe minimum personnel qualifications the board determines are necessary to protect health and safety;
(2) establish levels of personnel qualifications that are dependent on the needs of the patient or client; and
(3) permit a health professional with a valid Texas practitioner's license to provide care that is consistent with the professional's training and license without requiring additional training unless the board determines that additional training is necessary.