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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER BELIGIBILITY, ENROLLMENT, AND REVIEW
RULE §263.104Process for Enrollment of Applicants

  (4) negotiate and finalize the initial IPC and the date services will begin with the selected program provider, consulting with HHSC if necessary to reach agreement with the selected program provider on the content of the initial IPC and the date services will begin;

  (5) determine whether the applicant meets the following criteria:

    (A) is being discharged from a nursing facility, an ICF/IID, or a GRO; and

    (B) anticipates needing TAS;

  (6) if the service coordinator determines that the applicant meets the criteria described in paragraph (5) of this subsection:

    (A) complete, with the applicant or LAR and the selected program provider, the HHSC Transition Assistance Services (TAS) Assessment and Authorization form, which is available on the HHSC website, in accordance with the form's instructions, which includes:

      (i) identifying the TAS the applicant needs; and

      (ii) estimating the monetary amount for each transition assistance service identified, which must be within the service limit described in §263.304(a)(6) of this chapter (relating to Service Limits);

    (B) submit the completed form to HHSC to determine if TAS is authorized;

    (C) send the form authorized by HHSC to the selected program provider; and

    (D) include the TAS and the monetary amount authorized by HHSC on the applicant's initial IPC;

  (7) determine whether an applicant meets the following criteria:

    (A) is being discharged from a nursing facility, an ICF/IID, or a GRO;

    (B) has not met the maximum service limit for minor home modifications as described in §263.304(a)(3)(A) of this chapter; and

    (C) anticipates needing pre-enrollment minor home modifications and a pre-enrollment minor home modifications assessment;

  (8) if the service coordinator determines that an applicant meets the criteria described in paragraph (7) of this subsection:

    (A) complete, with the applicant or LAR and selected program provider, the HHSC Home and Community-based Services (HCS) Program Pre-enrollment MHM Authorization Request form, which is available on the HHSC website, in accordance with the form's instructions, which includes:

      (i) identifying the pre-enrollment minor home modifications the applicant needs;

      (ii) identifying the pre-enrollment minor home modifications assessments conducted by the program provider; and

      (iii) based on documentation provided by the program provider as required by the HCS Program Billing Requirements, stating the cost of:

        (I) the pre-enrollment minor home modifications identified on the form, which must be within the service limit described in §263.304(a)(3)(A) of this chapter; and

        (II) the pre-enrollment minor home modifications assessments conducted;

    (B) submit the completed form to HHSC to determine if pre-enrollment minor home modification and pre-enrollment minor home modifications assessments are authorized;

    (C) send the form authorized by HHSC to the selected program provider; and

    (D) include the pre-enrollment minor home modifications, pre-enrollment minor home modifications assessments, and the monetary amount for these services authorized by HHSC on the applicant's initial IPC;

  (9) if an applicant or LAR chooses a program provider to deliver supported home living, nursing, host home/companion care, residential support, supervised living, respite, employment assistance, supported employment, in-home day habilitation, day habilitation, or CFC PAS/HAB, ensure that the initial IPC includes a sufficient number of RN nursing units for the program provider's RN to perform a comprehensive nursing assessment unless:

    (A) nursing services are not on the IPC and the applicant or LAR and selected program provider have determined that no nursing tasks will be performed by an unlicensed service provider as documented on the HHSC Nursing Task Screening Tool form; or

    (B) an unlicensed service provider will perform a nursing task and a physician has delegated the task as a medical act under Texas Occupations Code Chapter 157, as documented by the physician;

  (10) if an applicant or LAR refuses to include on the initial IPC a sufficient number of RN nursing units for the program provider's RN to perform a comprehensive nursing assessment as required by paragraph (9) of this subsection:

    (A) inform the applicant or LAR that the refusal:

      (i) will result in the applicant not receiving nursing services from the program provider; and

      (ii) if the applicant needs host home/companion care, residential support, supervised living, supported home living, respite, employment assistance, supported employment, in-home day habilitation, day habilitation, or CFC PAS/HAB from the program provider, will result in the individual not receiving that service unless:

        (I) the program provider's unlicensed service provider does not perform nursing tasks in the provision of the service; and

        (II) the program provider determines that it can ensure the applicant's health, safety, and welfare in the provision of the service; and

    (B) document the refusal of the RN nursing units on the initial IPC for a comprehensive nursing assessment by the program provider's RN in the applicant's record;

  (11) ensure that the applicant or LAR signs and dates the initial IPC and provides the signed and dated IPC to the service coordinator in person, electronically, by fax, or by United States mail;

  (12) ensure that the selected program provider signs and dates the initial IPC, demonstrating agreement that the services will be provided to the applicant;

  (13) sign and date the initial IPC, which indicates that the service coordinator agrees that the requirements described in §263.301(c) of this chapter have been met;

  (14) using the HHSC Understanding Program Eligibility and Services form, which is available on the HHSC website, provide an oral and written explanation to the applicant or LAR:

    (A) of the eligibility requirements for HCS Program services as described in §263.101(a) of this subchapter (relating to Eligibility Criteria for HCS Program Services and CFC Services);

    (B) if the applicant's PDP includes CFC services:

      (i) of the eligibility requirements for CFC services as described in §263.101(c) of this subchapter to applicants who do not receive MAO Medicaid; and

      (ii) of the eligibility requirements for CFC services as described in §263.101(d) of this subchapter to applicants who receive MAO Medicaid;

    (C) that HCS Program services may be terminated if:

      (i) the individual no longer meets the eligibility criteria described in §263.101(a) of this subchapter; or

      (ii) the individual or LAR requests termination of HCS Program services; and

    (D) if the applicant's PDP includes CFC services, that CFC services may be terminated if:

      (i) the individual no longer meets the eligibility criteria described in §263.101(c) or (d) of this subchapter; or

      (ii) the individual or LAR requests termination of CFC services.

(l) A LIDDA must conduct permanency planning in accordance with §263.902(a) - (f) of this chapter (relating to Permanency Planning).

(m) After an initial IPC is finalized and signed in accordance with subsection (k) of this section, the LIDDA must:

  (1) enter the information from the initial IPC in the HHSC data system and electronically submit it to HHSC;

  (2) keep the original initial IPC in the individual's record;

  (3) ensure the information from the initial IPC entered in the HHSC data system and electronically submitted to HHSC contains information identical to the information on the initial IPC; and

  (4) submit other required enrollment information to HHSC.

(n) HHSC notifies the applicant or LAR, the selected program provider, the FMSA, if applicable, and the LIDDA of its approval or denial of the applicant's enrollment. When the enrollment is approved, HHSC authorizes the applicant's enrollment in the HCS Program through the HHSC data system and issues an enrollment letter to the applicant that includes the effective date of the applicant's enrollment in the HCS Program.

(o) Before the applicant's service begin date, the LIDDA must provide to the selected program provider and FMSA, if applicable:

  (1) copies of all enrollment documentation and associated supporting documentation, including relevant assessment results and recommendations;

  (2) the completed ID/RC Assessment;

Cont'd...

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