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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER FSERVICE DESCRIPTIONS AND REQUIREMENTS
DIVISION 3REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES
RULE §260.337Case Management

(a) A program provider must ensure that case management is provided in accordance with an individual's IPP, IPC, and Appendix C of the DBMD Program waiver application approved by CMS and available on the HHSC website, including:

  (1) initiating and overseeing the process of assessment and reassessment of the individual's LOC;

  (2) initiating and overseeing the process of the review of service plans at enrollment, annually, and as needed, including if requested by the individual or LAR;

  (3) observing the individual in the individual's home and determining the intent and level of the individual's communication;

  (4) if necessary, determining from the individual's non-verbal communication, the individual's likes and dislikes;

  (5) leading the service planning team to use the person-centered planning process to develop a service plan that optimizes the opportunities for the individual to use the individual's abilities and to integrate in community settings;

  (6) using the individual's knowledge of sign language and other communication systems to make the individual as aware as possible of the individual's service plan and options;

  (7) communicating with service planning team members to ensure that the service plan is carried out appropriately;

  (8) monitoring the success of the service plan by observing the individual at home and in the community;

  (9) monitoring the provision of services included in the service plan on an ongoing basis; and

  (10) monitoring services that assist the individual in gaining access to needed waiver and other state plan services, including medical, social, educational, and non-wavier services.

(b) The only activities that a program provider may bill as case management are:

  (1) an in-person, email, phone call, or text message contact with an individual;

  (2) an in-person, email, phone call, or text message contact with the LAR, primary caregiver, or an actively involved person regarding the individual's services;

  (3) a phone call, text message, email, letter, or meeting with HHSC or community resources regarding the individual's services; and

  (4) working with service providers regarding the individual, including:

    (A) reviewing services, goals, and outcomes, as described in the individual's IPC and IPP;

    (B) providing the training described in §260.205(g) of this chapter (relating to Training);

    (C) monitoring training strategies used by service providers to carry out the goals and outcomes described in the IPP; and

    (D) activities performed as a member of the service planning team.


Source Note: The provisions of this §260.337 adopted to be effective February 26, 2023, 48 TexReg 896

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