(a) An agency, in its application for a contract with
DADS, must identify the population groups for whom it provides services,
in terms of age, mobility, or other factors. The application must
also specify the geographic areas within which it provides services.
(b) A contractor must accept all referrals from DADS
and apply for guardianship or successor guardianship if a contractor
serves the county in which the incapacitated individual resides, and
if the individual qualifies for the contractor's guardianship program,
provided that the contractor is under the maximum service authorization
level provided in the contract. If the contractor has reached the
maximum service authorization level provided in the contract, DADS
may offer the contractor an opportunity to apply for guardianship
and provide services through other sources of funds.
(c) If a contractor believes that DADS has assigned
an individual for guardianship or successor guardianship who does
not fit the guardianship program's eligibility criteria, the contractor
may request that the DADS Guardianship Services Program management
and the appropriate guardianship supervisor to reconsider the referral.
The DADS Guardianship Services Program management or the appropriate
guardianship supervisor may, at the management's or supervisor's discretion,
withdraw the referral to the contractor.
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Source Note: The provisions of this §361.55 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983 |