1. (a) Personal care services must be provided by an individual who:

   1. (1) Is 18 years of age or older;
   2. (2) Is an employee of a provider organization licensed as a home and community support services agency (HCSSA) as per Title 40, Part 1, Chapter 97 of the Texas Administrative Code, or an employee of the beneficiary, or the beneficiary's parent or guardian, if the beneficiary is receiving personal care services through the consumer directed services (CDS) option described in 40 TAC, Chapter 41 (relating to Consumer Directed Services Option).
   3. (3) Has demonstrated competence, when competence cannot be demonstrated through education and experience, to perform the personal assistance tasks assigned by the provider organization supervisor, the beneficiary, or the beneficiary's parent or guardian acting as employer through the CDS option described in 40 TAC, Chapter 41 (relating to Consumer Directed Services Option).
   4. (4) Is not a legal or foster parent, or guardian, of the beneficiary who is a minor child who receives the service; and
   5. (5) Is not the legal spouse of the beneficiary who receives the service.
2. (b) HHSC may establish rates of reimbursement based on the level of care required by the beneficiary and the qualifications of and tasks performed by the personal care services attendant.

3. (c) An organization providing personal care services must meet the licensing standards set out in 40 TAC, Chapter 97 (relating to Licensing Standards for Home and Community Support Services Agencies) for one of the following license categories or special service types:

   1. (1) Licensed Home Health Services, as set out in 40 TAC §97.401 (relating to Standards Specific to Licensed Home Health Services);
   2. (2) Licensed and Certified Home Health Services, as set out in 40 TAC §97.402 (relating to Standards Specific to Licensed and Certified Home Health Services); or
   3. (3) Agencies licensed to provide personal assistance services, as set out in 40 TAC §97.404 (relating to Standards Specific to Agencies Licensed to Provide Personal Assistance Services).
4. (d) An organization serving as a Consumer Directed Services Agency (CDSA), providing financial management services and other employer support services to a client receiving personal care services through the CDS modality, must meet the CDSA contracting requirements specified in 40 TAC Chapters 41 and 49 (relating to Consumer Directed Services Option and Contracting for Community Care Services).
5. (e) Provider organizations and CDSAs, must successfully enroll as a Texas Medicaid provider prior to seeking authorization or payment for personal care services.

Source Note:The provisions of this §363.603 adopted to be effective September 1, 2007, 32 TexReg 5355.