1. (a) Licensed home and community support services agency (HCSSA). To participate in THSteps-CCP, a HCSSA must:

   1. (1) comply with Family Code, Chapter 261, and Human Resources Code, Chapter 48, concerning mandatory reporting of suspected abuse and neglect of children and adults with disabilities; and
   2. (2) maintain written policies and procedures for obtaining consent for medical treatment for clients in the absence of the primary care giver that meet the standards of Family Code, §32.001.

2. (b) Independently practicing registered nurses. To participate in THSteps-CCP, an independently practicing registered nurse must:

   1. (1) hold a valid license from the Board of Nurse Examiners for the State of Texas to practice as a registered nurse;
   2. (2) be enrolled and approved for participation in the Texas Medicaid Program;
   3. (3) comply with the terms of the Texas Medicaid Provider Agreement;
   4. (4) agree to provide services in compliance with all applicable federal, state, and local laws and regulations, including the Texas Nursing Practice Act;
   5. (5) comply with all state and federal regulations and rules relating to the Texas Medicaid Program;
   6. (6) comply with the requirements of the Texas Medicaid Provider Procedures Manual; including all updates and revisions published bimonthly in the Texas Medicaid Bulletin; and all handbooks, standards, and guidelines published by the commission;
   7. (7) comply with accepted professional standards and principles of nursing practice;
   8. (8) provide at least 30 days written notice to clients of his or her intent to voluntarily terminate services, except in situations of a potential threat to the nurse's personal safety; and
   9. (9) comply with subsections (a)(1) and (a)(2) of this section.

3. (c) Independently practicing licensed vocational nurses. To participate in THSteps-CCP, an independently practicing licensed vocational nurse must:

   1. (1) hold a valid license from the Board of Vocational Nurse Examiners for the State of Texas to practice as a licensed vocational nurse;
   2. (2) be enrolled as a provider in the Texas Medicaid Program;
   3. (3) comply with the terms of the Texas Medicaid Provider Agreement;
   4. (4) agree to provide services in compliance with all applicable federal, state, and local laws and regulations, including the Texas Vocational Nurse Act;
   5. (5) comply with all state and federal regulations and rules relating to the Texas Medicaid Program;
   6. (6) comply with the requirements of the Texas Medicaid Provider Procedures Manual, including all updates and revisions published bimonthly in the Texas Medicaid Bulletin; and all handbooks, standards, and guidelines published by the commission;
   7. (7) comply with accepted standards and principles of nursing practice; and
   8. (8) provide at least 30 days written notice to clients of his or her intent to voluntarily terminate services, except in situations of a potential threat to the nurse's personal safety; and
   9. (9) comply with subsections (a)(1) and (a)(2) of this section.

Source Note:The provisions of this §363.305 adopted to be effective March 31, 1999, 23 TexReg 13077; transferred effective September 1, 2002, as published in the Texas Register December 6, 2002, 27 TexReg 11527; amended to be effective May 12, 2004, 29 TexReg 4448.