1. (a) In addition to the standards in Subchapter C of this chapter (relating to Minimum Standards for All Licensed Home and Community Support Services Agencies), an agency providing licensed and certified home health services must comply with the requirements of the Social Security Act and the regulations in Title 42 of the Code of Federal Regulations, Part 484. Copies of the regulations adopted by reference in this section are indexed and filed in the Texas Department of Human Services, 701 W. 51st Street, Austin, Texas 78751-2321, and are available for public inspection during regular working hours.
2. (b) An agency providing licensed and certified home health services that plans to implement a home health aide training and competency evaluation program must meet the requirements in §97.701(d)-(f) of this title (relating to Home Health Aides).
3. (c) An agency providing licensed and certified home health services that plans to implement a competency evaluation program must comply with §97.701(f) of this title (relating to Home Health Aides).

4. (d) An agency providing licensed and certified home health services may not use an individual as a home health aide unless:

   1. (1) the individual has met the federal requirements under subsection (a) of this section;

   2. (2) the individual qualifies as a home health aide on the basis of a:

      1. (A) training and competency evaluation program, and the program meets the requirements of subsection (b) of this section; or
      2. (B) competency evaluation program, and the program meets the requirements of subsection (c) of this section; or
   3. (3) the individual is a licensed health care provider.
5. (e) Since the individual's most recent completion of a training and competency evaluation program or a competency evaluation program, if there has been a period of 24 consecutive months during which the individual has not furnished home health services, the individual will not be considered as having completed a training and competency evaluation program or a competency evaluation program.

Source Note:The provisions of this §558.402 adopted to be effective February 1, 2002, 26 TexReg 9159; transferred effective May 1, 2019, as published in the April 12, 2019 issue of the Texas Register, 44 TexReg 1893.