Sec. 534.1075. RESPITE CARE. (a) The executive commissioner 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 executive commissioner shall establish service and performance standards for department facilities and designated providers to use in operating the in-home respite care program. The executive commissioner shall establish the standards from information obtained from the families of clients receiving in-home respite care and from providers of in-home respite care. The executive commissioner may obtain the information at a public hearing or from an advisory group. (d) The service and performance standards established by the executive commissioner under Subsection (c) must: (1) prescribe minimum personnel qualifications the executive commissioner determines are necessary to protect health and safety; (2) establish levels of personnel qualifications that are dependent on the needs of the 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 executive commissioner determines that additional training is necessary.
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