| (iii) contacting a prospective employer on behalf of
an individual and negotiating the individual's employment;
(iv) transporting an individual to help the individual
locate competitive employment in the community; and
(v) participating in service planning team meetings;
(C) is provided in accordance with an individual's
PDP, IPC, implementation plan, and with Appendix C of the HCS Program
waiver application approved by CMS and found on the HHSC website;
(D) is not provided to an individual with the individual
present at the same time that respite, supported home living, individualized
skills and socialization, supported employment, or CFC personal assistance
services/habilitation (CFC PAS/HAB) is provided; and
(E) does not include using Medicaid funds paid by HHSC
to the program provider for incentive payments, subsidies, or unrelated
vocational training expenses, such as:
(i) paying an employer:
(I) to encourage the employer to hire an individual;
or
(II) for supervision, training, support, or adaptations
for an individual that the employer typically makes available to other
workers without disabilities filling similar positions in the business;
or
(ii) paying an individual:
(I) as an incentive to participate in employment assistance
activities; or
(II) for expenses associated with the start-up costs
or operating expenses of the individual's business;
(36) ensure that supported employment:
(A) is assistance provided to an individual:
(i) who, because of a disability, requires intensive,
ongoing support to be self-employed, work from home, or perform in
a work setting at which persons without disabilities are employed;
(ii) in order for the individual to sustain competitive
employment; and
(iii) in accordance with the individual's PDP, IPC,
implementation plan, and Appendix C of the HCS Program waiver application
approved by CMS and found on the HHSC website;
(B) consists of a service provider:
(i) making employment adaptations, supervising, and
providing training related to an individual's assessed needs;
(ii) transporting an individual to support the individual
to be self-employed, work from home, or perform in a work setting;
and
(iii) participating in service planning team meetings;
(C) is not provided to an individual with the individual
present at the same time that respite, supported home living, individualized
skills and socialization, employment assistance, or CFC PAS/HAB is
provided; and
(D) does not include:
(i) sheltered work or other similar types of vocational
services furnished in specialized facilities; or
(ii) using Medicaid funds paid by HHSC to the program
provider for incentive payments, subsidies, or unrelated vocational
training expenses such as:
(I) paying an employer:
(-a-) to encourage the employer to hire an individual;
or
(-b-) to supervise, train, support, or make adaptations
for an individual that the employer typically makes available to other
workers without disabilities filling similar positions in the business;
or
(II) paying an individual:
(-a-) as an incentive to participate in supported employment
activities; or
(-b-) for expenses associated with the start-up costs
or operating expenses of the individual's business;
(37) ensure that CFC PAS/HAB is provided in accordance
with the individual's PDP, IPC, and implementation plan;
(38) ensure that CFC support management is provided
to an individual or LAR if:
(A) the individual is receiving CFC PAS/HAB; and
(B) the individual or LAR requests to receive CFC support
management;
(39) inform the service coordinator of changes related
to an individual's residential setting that do not require a change
to the individual's IPC;
(40) maintain current information in the HHSC data
system about the individual and the individual's LAR, including:
(A) the individual's full name, address, location code,
and phone number; and
(B) the LAR's full name, address, and phone number;
(41) maintain a single record related to HCS Program
and CFC services provided to an individual for an IPC year that includes:
(A) the IPC;
(B) the PDP and, if CFC PAS/HAB is included on the
PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form;
(C) the implementation plan;
(D) a behavior support plan, if one has been developed;
(E) a transportation plan, if one is required;
(F) documentation that describes the individual's progress
or lack of progress on the implementation plan;
(G) documentation that describes any changes to an
individual's personal goals, condition, abilities, or needs;
(H) the Intellectual Disability/Related Conditions
Assessment (ID/RC Assessment);
(I) documentation supporting the recommended level
of need, including the Inventory for Client and Agency Planning booklet,
assessments and interventions by qualified professionals, and time
sheets of service providers;
(J) results and recommendations from individualized
assessments that support the individual's current need for each service
included in the IPC;
(K) documentation concerning any use of restraint as
described in §565.33(a)(2) and (3) of this chapter (relating
to Restraints);
(L) documentation related to the suspension of an individual's
HCS Program services or CFC services;
(M) for an individual under 22 years of age, a copy
of the permanency plan; and
(N) documentation required by subsection §565.17(a)(2)
of this subchapter (relating to Pre-enrollment Minor Home Modification)
and subsection §565.21(a)(2) of this subchapter (relating to
Transitional Assistance Service (TAS));
(42) upon request by the service coordinator:
(A) permit the service coordinator access to the record
that is required by paragraph (41) of this subsection; and
(B) provide the service coordinator a legible copy,
including an electronic copy, of a document in the record at no charge
to the service coordinator;
(43) provide a copy of the following documents to the
service coordinator:
(A) an individual's IPC; and
(B) an individual's ID/RC Assessment;
(44) if a physician delegates a medical act to an unlicensed
service provider in accordance with Texas Occupations Code Chapter
157, and the program provider has concerns about the health or safety
of the individual in performance of the medical act, communicate the
concern to the delegating physician and take additional steps as necessary
to ensure the health and safety of the individual;
(45) for an individual receiving host home/companion
care, residential support, or supervised living, ensure that the individual
or LAR is involved in planning the individual's residential relocation,
except in the case of an emergency;
(46) for an HCS Program or CFC service identified on
the PDP as critical to meeting the individual's health and safety:
(A) develop a service backup plan that:
(i) contains the name of the critical service;
(ii) specifies the time period in which an interruption
to the critical service would result in an adverse effect to the individual's
health or safety; and
(iii) in the event of a service interruption resulting
in an adverse effect, as described in clause (ii) of this subparagraph,
describe the actions the program provider will take to ensure the
individual's health and safety;
(B) ensure that:
(i) if the action in the service backup plan required
by subparagraph (A) of this paragraph identifies a natural support,
that the natural support receives pertinent information about the
individual's needs and can protect the individual's health and safety;
and
(ii) a person identified in the service backup plan,
if paid to provide the service, meets the qualifications described
in this subchapter; and
(C) if the service backup plan required by subparagraph
(A) of this paragraph is implemented:
(i) discuss the implementation of the service backup
plan with the individual and the service providers or natural supports
identified in the service backup plan to determine whether the plan
was effective;
Cont'd... |
