Youth Empowerment ServicesWaiver
Policy & Procedure Manual
December 2017
Table of Contents
YOUTH EMPOWERMENT SERVICES WAIVER PROGRAM
1000 Overview1
1000.1 Notice of Right to Fair Hearing 6
1000.2 Policy Development 7
PARTICIPANT ELIGIBILITY
2000 General Requirements8
2000.1 Demographic Criteria 10
2000.2 Clinical Criteria and Assessment 12
2000.3MedicaidCriteria21
WAIVER PARTICIPATION
2100Medicaid Application Process and Requirements 24
2100.1 Enrollment Process for Individual with Medicaid 27
2100.2 Enrollment Process for Individual without Medicaid29
2100.3 Participant Rights and Responsibilities31
PROVIDER RESPONSIBILITIES
2200 Training Requirements 36
2200.1Community Outreach39
LOCAL MENTAL/BEHAVIORAL HEALTH AUTHORITY RESPONSIBILITIES
2200.2Inquiry List40
LOCAL MENTAL/BEHAVIORAL HEALTH AUTHORITYAND WRAPAROUND PROVIDER ORGANIZATION ROLES AND RESPONSIBILITIES
2200.3Intensive Case Management–Wraparound 46
WRAPAROUND PROVIDER ORGANIZATIONRESPONSIBILITIES
2200.4Individual Plan of Care (IPC)Request 50
2200.5 Co-Occurring Diagnosis 53
2200.6 Critical Incident Reporting54
2200.7 Reporting Abuse, Neglect, or Exploitation57
2200.8 Transition Plan–Level of Care60
2200.9 Transition Plan–Aging Out62
2200.10 Participant Transfer and/or
Change in Comprehensive Waiver Provider64
2200.11 Termination of Waiver Services68
2200.12 Temporary Out-of-Home Living Arrangement71
COMPREHENSIVE WAIVER PROVIDER RESPONSIBILITIES
2300 Credentialing and Enrollment74
2300.1 Criminal History and Background Checks76
2300.2 General Responsibilities78
2300.3 Subcontracted Services81
2300.4 Medication Management83
2300.5Provider Outreach87
2300.6 Provider Network Development88
2300.7 Termination of Provider Agreement89
SERVICES
2400 General Considerations91
2400.1 Adaptive Aids and Supports, 93
2400.2 Adaptive Aids and Supports, Health and Safety Requirements 101
2400.3 Community Living Supports 103
2400.4 Employment Assistance 107
2400.5 Family Supports110
2400.6 Minor Home Modifications113
2400.7 Non-Medical Transportation 115
2400.8 Paraprofessional Services 117
2400.9 Pre-Engagement Services 122
Respite Services
2400.10 In-Home 125
2400.11 Out-of-Home: Camp 128
2400.12 Out-of-Home: Licensed Child Care Center 130
2400.13 Out-of-Home: Licensed Child Care Center
Texas Rising Star Provider132
2400.14 Out-of-Home: Licensed Child Care Home 134
2400.15 Out-of-Home: Licensed Child Care Home
Texas Rising Star Provider 136
2400.16 Out-of-Home: Registered Child Care Home138
2400.17 Out-of-Home: Registered Child Care Home
Texas Rising Star Provider140
2400.18 Out-of-Home: Residential Child Care
Department of Family and Protective Services 142
2400.19 Specialized Therapies: Animal-Assisted Therapy 145
2400.20 Specialized Therapies: Art Therapy 148
2400.21 Specialized Therapies: Music Therapy 150
2400.22 Specialized Therapies: Nutritional Counseling 152
2400.23 Specialized Therapies: Recreational Therapy 154
2400.24 Supported Employment 156
2400.25 Supportive Family-Based Alternatives 159
2400.26 Transitional Services 163
QUALITY MANAGEMENT
2500 Overview 166
2500.1 Health and Human Services Responsibilities 167
2500.2 Confidentiality 170
2500.3 Record Keeping174
BILLING
2600 Enrollment in Texas Medicaid Healthcare Partnership179
2600.1 Local Mental Health Authority180
2600.2 Wraparound Provider Organization and Comprehensive Waiver Provider 181
2600.3 Adaptive Aids and Supports 183
2600.4 Community Living Supports 186
2600.5 Employment Assistance 187
2600.6 Family Supports 188
2600.7 Minor Home Modifications189
2600.8 Non-Medical Transportation 191
2600.9 Paraprofessional Services 193
2600.10 Pre-Engagement Services194
2600.11 Respite In-Home 195
2600.12 Out-of-Home: Camp 196
2600.13 Out-of-Home: Licensed Child Care Center 198
2600.14 Out-of-Home: Licensed Child Care Center
Texas Rising Star Provider200
2600.15 Out-of-Home: Licensed Child Care Home202
2600.16 Out-of-Home: Licensed Child Care Home
Texas Rising Star Provider204
2600.17 Out-of-Home: Registered Child Care Home206
2600.18 Out-of-Home: Registered Child Care Home
Texas Rising Star Provider 208
2600.19 Out-of-Home: Residential Child Care
Department of Family and Protective Services 210
2600.20 Specialized Therapies 211
2600.21 Supported Employment 214
2600.22 Supportive Family-Based Alternatives 215
2600.23 Transitional Services 216
2600.24 18-Year-Old Participants 217
2600.25 Service Notes218
2600.26 Pending Claims 220
2600.27 Payment of Claims 221
APPENDICES
Appendix A Definitions
Appendix B Adaptive Aids and Supports Not Billable List
Appendix C Adaptive Aids and Supports Heightened Scrutiny List
Texas Health and Human Services CommissionYouth Empowerment Services Waiver
YOUTH EMPOWERMENT SERVICES WAIVER PROGRAM
OVERVIEW / 1000
background and history
Texas strives to provide a continuum of services and supports for families with youth who have serious emotional disturbance (SED). The Youth Empowerment Services (YES) Waiver provides comprehensive home and community-based mental health services to children and youth at risk of institutionalization or out-of-home placement due to their SED.
Children and youth may be enrolled in YES Waiver services from ages 3 to 18. The program provides flexibility in the funding of intensive community-based services and supports for youth and their families.
Under direction of the 78th and 79th Texas Legislatures, the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS) developed the YES 1915(c) Waiver. The Centers for Medicare and Medicaid Services (CMS) approved the YES Waiver in February 2009. In 2013, the 83rd Legislature directed the YES Waiver to expand statewide which was approved by CMS, effective September 2015.
Waiver enrollment vacancies are allocated by service area (per county) to local mental health authorities or local behavioral health authorities (LMHA/LMBHAs). Allocation of YES Waiver vacancies is determined by HHSC using information on population size, community need, and local infrastructure. HHSC re-evaluates allocations at least annually, or more often as needed. Unused vacancies will be reallocated to areas with greater demand for services.
OBJECTIVES & goals of the yes waiver
The objective of the Waiver is to provide community-based services, in lieu of institutionalization, to eligible youth in accordance with the approved Waiver and program capacity.
The goals of the Waiver are to:
- Reduce out-of-home placements by all youth-serving agencies;
- Reduce inpatient psychiatric treatment;
- Provide a more complete continuum of community-based services and supports;
- Ensure families have access to parent partners and other non-traditional support services identified in a family-centered planning process;
- Prevent relinquishment of parental custody; and
- Improve the clinical and functional outcomes of youth with SED.
The services available through the Waiver are:
- Adaptive Aids and Supports;
- Community Living Supports (CLS);
- Employment Assistance;
- Family Supports;
- Minor Home Modifications;
- Non-Medical Transportation;
- Paraprofessional Services;
- Pre-Engagement Service;
- Respite (In-Home and Out-of-Home);
- Specialized Therapies:
- Animal-Assisted Therapy;
- Art Therapy;
- Music Therapy;
- Nutritional Counseling; and
- Recreational Therapy;
- Supported Employment;
- Supportive Family-Based Alternatives; and
- Transitional Services.
Families enter the program through the LMHA/LBHA. Each family will be assigned a Wraparound facilitator at a Wraparound Provider Organization (WPO) that is responsible for coordinating service planning activities and connecting the family with a chosen Comprehensive Waiver Provider (CWP). CWPs are obligated to develop a sufficient network of direct service providers to serve families in accordance with the Wraparound Plan. The types, locations, and/or availability of servicesmay vary for each CWP.
medicaid services
Youth enrolled in the Waiver are entitled to all Medicaid State Plan behavioral health services, in addition to services specific to the Waiver. Youth participating in the Waiver are authorized into Level of Care–YES (LOC–YES) in accordance with the Texas Resilience and Recovery (TRR) mentalhealth system.For more information about LOC-YES, see the Level of Care Section in the Texas Resilience and Recovery Utilization Management Guidelines for Children’s Mental Health available at:
Medicaid State Plan behavioral health services include, but are not limited to:
- Intensive/Targeted Case Management(ICM/TCM)
(utilized for the coordination of Waiver services); - Psychiatric Evaluation;
- Psychological Services;
- Counseling;
- Crisis Services; and
- Mental Health Rehabilitation Services.
contact information
Further information regarding the Waiver is available throughthe Health and Human Services Commission:
- Email address:
- Website:
- Office: 512-838-4334
- Fax: 512-838-4372; or
- Mailing address:
Health and Human Services Commission
Medical and Social Services Division
Attn: YES Waiver
P.O. Box 149347, Mail Code 2102
Austin, Texas 78714-9347
complaints
To file a complaint contact:
The Health and Human Services Commission
Medical and Social Services Division
Behavioral Health Section
Crisis Services & Client Rights Unit
Monday through Friday, from 8:00 a.m. to 5:00 p.m. at:
Toll Free: 1-800-252-8154
Complaints can also be submitted in writing to:
Texas Health and Human Services Commission
Crisis Services & Client Rights Unit
Mail Code 2018
8317 Cross Park Drive
Austin, TX 78754
OR
Texas Health and Human Services Commission
Crisis Services & Client Rights Unit
P.O. Box 149347
Bldg. Code 1410
Austin, Texas 78714-9347
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Texas Health and Human Services CommissionYouth Empowerment Services Waiver
YOUTH EMPOWERMENT SERVICES WAIVER PROGRAM
NOTICE OF RIGHT TO FAIR HEARING / 1000.1
notice of right to fair hearing
Per Texas Administrative Code, the written notice to an individual of the individuals’ right to a hearing must be mailed at least 10 days before the date the individual’s eligibility or service is scheduled to be terminated, suspended, or reduced, except as provided by federal rules.
Per TAC,if a hearing is requested before the date a Medicaid recipient’s service, including a service that requires prior authorization, is scheduled to be terminated, suspended, or reduced, the agency may not take that proposed action before a decision is rendered after the hearing.
Within seven business days of an individual being denied initial eligibility,the LMHA/LBHAmust send the Denial of Eligibility letter and Fair Hearing Request form to the individual and legally authorized representative (LAR).
Within seven business days of an individual being denied continued eligibility or terminated from the YES Waiver, the WPO must send the Denial of Eligibility letter and Fair Hearing Request form to the individual andLAR.
Further information regarding the right to a fair hearing is available at: 25 TAC §419.8
Further information regarding the uniform fair hearing rules is available at: 15 TAC RULE §357.11
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Texas Health and Human Services CommissionYouth Empowerment Services Waiver
YOUTH EMPOWERMENT SERVICES WAIVER PROGRAM
POLICY DEVELOPMENT / 1000.2
consistency with law
No policy or portion of any policy in this manual is operative if it is determined to be inconsistent with applicable law or rule.
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Texas Health and Human Services CommissionYouth Empowerment Services Waiver
PARTICIPANT ELIGIBILITY
GENERAL REQUIREMENTS / 2000
General requirements for an individual to participate in the YES Waiver include:
- Meet demographic criteria;
- Meet clinical eligibility criteria;
- A reasonable expectation must exist that, without Waiver services, the individual would qualify for inpatient care under the Texas Medicaid Inpatient Psychiatric Admission Guidelines;
- Choose, or have the LAR choose, the Waiver as analternative to care in an inpatient psychiatric facility; and
- If enrolled, active participation of the individual and LAR regarding:
- specified clinical assessments,
- person-centered planning forcommunity-based services and supports; and
- therapeutic activities for improved clinical outcomes.
An LMHA/LBHA first assesses eligibility, in conjunction with maintenance of an Inquiry List. Once determined eligible, the LMHA/LBHA completes client enrollment and connects the client with services.
In order to participate in the Waiver, an individual cannot be dually enrolled in, nor receive services from, another 1915(c) or 1915(i) program, including, but not limited to the:
- Texas Health and Human Services (HHSC) Waiver programs:
- Community Living Assistance and Support Services (CLASS);
- Home and Community-Based Services (HCS/HCBS);
- Medically Dependent Children Program (MDCP);
- Consolidated Waiver Program (CWP);
- Deaf Blind with Multiple Disabilities (DBMD);
- Community-Based Alternatives (CBA); or
- Texas Home Living (TxHML).
- HHSC 1915(i) programs, including Home and Community-Based Services—Adult Mental Health (HCBS-AMH).
- STAR PLUS Community-Based Waiver.
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Texas Health and Human Services CommissionYouth Empowerment Services Waiver
PARTICIPANT ELIGIBILITY
DEMOGRAPHIC CRITERIA / 2000.1
In accordance with 25 TAC §419.3, to participate in the YES Waiver, an individual must meet the following demographic criteria:
- Be 3 through18 years old.
- Be eligible to receive Medicaid under an authorized Medicaid Eligibility Group included in the Waiver;
- Reside in:
- A non-institutional setting with the individual’s LAR; or
- The individual’s own home or apartment, if legally emancipated; or
- A private residential treatment center (RTC) (excludes the state operated facility, Waco Center for Youth), with a planned discharge date of 30 days or less.
For individuals in substitute care, any phone calls and correspondence shall be copied to the DFPS Caseworker. If the DFPS Caseworker is not engaging in the process, the LMHA/LBHA may contact the DFPS Regional Program Directors for support. If the Regional Program Director is not responsive, the LMHA/LBHA shall contact the HHSC YES Waiver staff.
If an individual meets demographic eligibility criteria, the LMHA/LBHA shall be responsible for completing an assessment for clinical eligibility.
If the LMHA/LBHA has not met maximum enrollment capacity, the LMHA/LBHA shall be responsible for completing an assessment forclinical eligibility within 7 days.
If the LMHA/LBHA has met maximum enrollment capacity, the LMHA/LBHA will be responsible for maintaining the Inquiry List and initiating clinical eligibility determination in accordance with YES policy. [See POLICY 2000.2 and 2200.2 of this manual].
demographic eligibility NOT met
Within seven business days of determining that an individual does not meet the demographic criteria, the LMHA/LBHA shall:
- Send the Denial of Eligibility letter and Fair Hearing Request form to the individual and LAR, and DFPS Caseworker-if the individual is in substitute care; Medical Consenter, or Managing Conservator; and
- Provide referrals to other services and referrals to the LMHA/LBHA in the individual’s county of residence, as applicable
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Texas Health and Human Services CommissionYouth Empowerment Services Waiver
PARTICIPANT ELIGIBILITY
CLINICAL CRITERIA AND ASSESSMENT / 2000.2
Once demographic eligibility is determined by an LMHA/LBHA, the LMHA/LBHA completes the assessment for an individual’s clinical eligibility through a two-part assessment process using the YES Assessment and Clinical Eligibility (CE) document in Clinical Management for Behavioral Health Services (CMBHS). The YES Assessment includes the Child and Adolescent Needs (CANS) assessment and community data questionnaire. Some of the information required to complete the YES Assessment may be auto-populatedfrom the Mental Health Uniform Assessment (UA), if an available UA have been completed in the past 90 days. (see User Guide for further information).
Clinical eligibility for the YES Waiverrequires an individual to have serious functional impairment or acute psychiatric symptomatology, as determined by the specific domain scores from the CANS assessmentas part of the clinical eligibility determination.
In addition, a reasonable expectation must exist that, without Waiver services, the individual would qualify for inpatient care under the Texas Medicaid Inpatient Psychiatric Admission Guidelines.
qualifications to perform clinical assessment AND Clinical Eligibility (CE) Document
The qualifications to perform clinical assessments are in accordance with the following:
The initial assessment for clinical eligibility,the YES Assessment,may be performed by a Qualified Mental Health Professional (QMHP) or Licensed Professional of the Healing Arts(LPHA), must be performed at the LMHA/LBHA, and must be signedby an LPHA.
An annual renewalreassessmentcan be performedby a QMHP-CS at a WPO or an LMHA/LBHA; however, an LPHA must review and confirm theindividual would qualify for inpatient care under the Texas Medicaid Inpatient Psychiatric Admission Guidelines. An approval signature from the LPHA is required on the annual renewal reassessment.
CLINICAL ELIGIBILITY DETERMINATION PROCESS
Clinical eligibility must be assessed in accordance with the following process.
- Within seven business days of determining demographic eligibility ORup to 30 days in advance but not exceeding 7 days following a vacancy becoming available when enrollments at an LMHA/LBHA are at maximum capacity:
- Arrange for a LPHAor QMHPto meet with the individual and LAR to complete the initial Uniform Assessment and Yes Assessment.
- An LOC-YES authorization is necessary to access TRR including ICM and other Medicaid State Plan services.
- Within five business days of completing the clinical eligibility assessment:
- An initial CE document shall be entered into CMBHS.
- For an individual without Medicaid, a pending CE document is entered into CMBHS.
- The LMHA/LBHA assists the individual in applying for Medicaid.
- The LMHA/LBHA is permitted to bill for Pre-Engagement services, inaccordance with BILLING, PRE-ENGAGEMENT SERVICES, policy 2600.10 of this manual.
An individual must meet the clinical level of care criteria in accordance with Criteria A through E.
The individual must score at the identified levels on the following domains on theCANS Assessment:
criteriON a
- Score a 0 or 1 on Life Domain Functioning – Developmental; or
- Score a 2 or 3 on Life Domain Functioning – Developmental;and
- Score a 0, 1, or 2 on Developmental Needs: Cognitive; and
- Score a 0 or 1 on Developmental Needs: Developmental.
The individual must score at the identified levels on one or more of the following domains on the CANS Assessment:
- Score a 3 on Child Risk Behaviors: Suicide Risk;
- Score a 3 on Child Risk Behaviors: Self-Mutilation;
- Score a 3 on Child Risk Behaviors: Self Harm;
- Score a 2 or 3 on Child Risk Behaviors: Danger to Others;
- Score a 2 or 3 on Child Risk Behaviors: Sexual Aggression;
- Score a 2 or 3 on Child Risk Behaviors: Fire Setting;
- Score a 2 or 3 on Child Risk Behaviors: Delinquency;
- Score a 2 or 3 on Caregiver Strengths and Needs: Involvement with Care;
- Score a 2 or 3 on Caregiver Strengths and Needs: Family Stress;
- Score a 2 or 3 on Caregiver Strengths and Needs: Safety;
- Score a 2 or 3 on Life Domain Functioning: School Module; and
a) Score a 2 or 3 on Life Domain Functioning: School Module – School Behavior; or
b) Score a 2 or 3 on Life Domain Functioning: School Module – School Attendance;
- Psychiatric Hospitalization Module:
a)Score a 1 on Psychiatric Hospitalization; and
criteriON c
b)Score a 1, 2, or 3 on PsychiatricHospitalization Module – Time Since Most Recent Discharge.
Outpatient therapy or partial hospitalization has been attempted and failed or a psychiatrist has documented reasons why an inpatient Level of Care is required.
criteriON d
A Medicaid-eligible youth must meet at least one of the following Texas Medicaid Inpatient Psychiatric Admission criteria:
- The youth is presently a danger to self, demonstrated by at least one of the following:
- Recent suicide attempt or active suicidal threats with a deadly plan and an absence of appropriate supervision or structure to prevent suicide;
- Recent self-injurious behavior or active threats of same with likelihood of acting on the threat and an absence of appropriate supervision or structure to prevent self-injury; i.e., intentionally cutting, burning, or the like;
- Active hallucinations or delusions directing or likely to lead to serious self-harm or debilitating psychomotor agitation or impairment resulting in a significant inability to care of self; or
- Significant inability to comply with prescribed medical health regimens due to concurrent primary psychiatric illness and such failure to comply is potentially hazardous to the life of the individual.
- The youth is a danger to others. This behavior should be attributable to the individual’s specific SED/mental health diagnosis in accordance with the current Diagnostic and Statistical Manual (DSM)and can be adequately treatedonly in a hospital setting. Danger is presented by:
- Recent life-threatening action or active homicidal threats of same with a deadly plan and availabilityof means to accomplish the plan with the likelihood of acting on the threat;
- Recent serious assaultive or sadistic behavior or active threats of same with the likelihood of acting on the threat and an absence of appropriate supervision or structure to prevent assaultive behavior; or
- Active hallucinations or delusions directly or likely to lead to serious harm of others.
- The youth exhibits acute onset of psychosis or severe thought disorientation, or there is significant clinical deterioration in the condition of the youth with chronic psychosis, rendering him or her unmanageable and unable to cooperate in treatment. This youth is in need of assessment and treatment in a safe and therapeutic setting.
- The youth has a severe eating or substance abuse disorder, which requires 24-hour a day medical observation, supervision, and intervention.
- The proposed treatment or therapy requires 24-hour a day medical observation, supervision, and intervention.
- The youth exhibits severe disorientation to person, place, or time.
- The youth’s evaluation and treatment cannot be carried out safely or effectively in other settings due to severely disruptive behaviors, including, but not limited to, physical, psychological, or sexual abuse.
criteriONe