| (a) A LIDDA must offer TxHmL Program services to an
applicant in accordance with §262.103 of this chapter (relating
to Process for Enrollment of Applicants).
(b) A LIDDA must process enrollments of individuals
in the TxHmL Program in accordance with §262.103 of this chapter.
(c) A LIDDA must be objective in the process to assist
an individual or LAR in the selection of a program provider or FMSA
and train all LIDDA staff who may assist an individual or LAR in the
process.
(d) A LIDDA must, upon the enrollment of an individual
and annually thereafter, inform the individual or LAR orally and in
writing of the following:
(1) the telephone number of the LIDDA to file a complaint;
(2) the toll-free telephone number of the HHSC IDD
Ombudsman, 1-800-252-8154, to file a complaint; and
(3) the toll-free telephone number of DFPS, 1-800-647-7418,
to report an allegation of abuse, neglect, or exploitation.
(e) A LIDDA must maintain for each individual for an
IPC year:
(1) a copy of the IPC;
(2) the PDP and, if CFC PAS/HAB is included on the
PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form;
(3) a copy of the ID/RC Assessment;
(4) documentation of the activities performed by the
service coordinator in providing service coordination; and
(5) any other pertinent information related to the
individual.
(f) For an individual receiving TxHmL Program services
and CFC services within a LIDDA's local service area, the LIDDA must
provide the individual's program provider a copy of the individual's
current PDP, IPC, and ID/RC Assessment.
(g) A LIDDA must ensure that a service coordinator
is an employee of the LIDDA and meets the requirements of this subsection.
(1) A service coordinator must meet the minimum qualifications
and LIDDA staff training requirements described in Chapter 331 of
this title (relating to LIDDA Service Coordination ), except as described
in paragraph (2) of this subsection.
(2) Notwithstanding §331.19(b) of this title (relating
to Staff Person Training), a service coordinator must complete a comprehensive
non-introductory person-centered service planning training developed
or approved by HHSC within six months after the service coordinator's
date of hire, unless an extension of the six month timeframe is granted
by HHSC.
(3) A service coordinator must receive training about
the following within the first 90 calendar days after beginning service
coordination duties:
(A) rules governing the TxHmL Program and CFC; and
(B) 40 TAC Chapter 41 (relating to Consumer Directed
Services Option).
(h) A LIDDA must ensure that a service coordinator:
(1) initiates, coordinates, and facilitates the person-centered
planning process to meet the desires and needs as identified by an
individual and LAR in the individual's PDP, including:
(A) scheduling service planning team meetings; and
(B) documenting on the PDP whether, for each TxHmL
Program service or CFC service identified on the PDP, the service
is critical to meeting the individual's health and safety as determined
by the service planning team;
(2) coordinates the development and implementation
of the individual's PDP;
(3) coordinates and develops an individual's IPC based
on the individual's PDP;
(4) coordinates and monitors the delivery of TxHmL
Program services and CFC services and non-TxHmL Program and non-CFC
services; and
(5) document whether an individual progresses toward
desired outcomes identified on the individual's PDP from the individual's
and LAR's perspectives.
(i) A LIDDA must inform an individual or LAR of the
name of the individual's service coordinator and how to contact the
service coordinator.
(j) A service coordinator must:
(1) assist the individual or LAR or actively involved
person in exercising the legal rights of the individual;
(2) provide an individual, LAR, or family member with
a written copy of the booklet, Your Rights
in the Texas Home Living (TxHmL) Program, available on the
HHSC website, and an oral explanation of the rights described in the
booklet:
(A) at the time the individual enrolls in the TxHmL
Program;
(B) when the booklet is revised;
(C) upon request of the individual, LAR, or family
member; and
(D) if one of the following occurs:
(i) the individual becomes 18 years of age;
(ii) a guardian is appointed for the individual; or
(iii) a guardianship for the individual ends;
(3) document compliance with paragraph (2) of this
subsection in the individual's record and include:
(A) the signature of the individual or LAR; and
(B) the signature of the service coordinator;
(4) ensure that the individual and LAR participate
in developing a PDP and IPC that meet the individual's identified
needs and service outcomes and that the individual's PDP is updated
annually and if the individual's needs or outcomes change;
(5) if a behavioral support plan includes techniques
that involve restriction of individual rights or intrusive techniques,
discuss with the service planning team to determine whether the techniques
will be approved by the service planning team;
(6) if notified by the program provider that an individual
or LAR has refused a comprehensive nursing assessment and that the
program provider has determined that it cannot ensure the individual's
health, safety, and welfare in the provision of community support,
day habilitation, in-home day habilitation, employment assistance,
supported employment, respite, or CFC PAS/HAB:
(A) inform the individual or LAR of the consequences
and risks of refusing the assessment, including that the refusal will
result in the individual not receiving:
(i) nursing services; or
(ii) community support, day habilitation, in-home day
habilitation, employment assistance, supported employment, respite,
or CFC PAS/HAB, if the individual needs one of those services and
the program provider has determined that it cannot ensure the health,
safety, and welfare of the individual in the provision of the service;
and
(B) notify the program provider if the individual or
LAR continues to refuse the assessment after the discussion with the
service coordinator;
(7) inform the individual or LAR of decisions regarding
denial, suspension, reduction, or termination of services and the
individual's or LAR's right to request a fair hearing as described
in §262.601 of this chapter (relating to Fair Hearing); and
(8) in accordance with §262.501 (relating to Process
for Individual to Transfer to a Different Program Provider or FMSA),
manage the process to transfer an individual's TxHmL Program services
and CFC services from one program provider to another or transfer
from one FMSA to another.
(k) When a service coordinator becomes aware that a
change to an individual's PDP or IPC may be needed, the service coordinator
must discuss the need for the change with the individual or LAR, the
individual's program provider, and other appropriate persons.
(l) At least 30 calendar days before the expiration
of an individual's IPC, the service coordinator must:
(1) update the individual's PDP with the individual's
service planning team; and
(2) if the individual receives a TxHmL Program service
or a CFC service from a program provider, submit to the program provider
and the individual or LAR:
(A) the updated PDP; and
(B) if CFC PAS/HAB is included on the PDP, a copy of
the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form.
(m) A service coordinator must:
(1) complete the HHSC TxHmL Service Coordination Notification
form with the individual or LAR and provide a copy of the completed
form to the individual or LAR:
(A) upon receipt of HHSC approval of the enrollment
of the individual;
(B) if the form is revised;
(C) at the request of the individual or LAR; and
(D) if one of the following occurs:
(i) the individual becomes 18 years of age;
(ii) a guardian is appointed for the individual; or
Cont'd... |
