| (a) During a service planning team meeting to develop
or update an individual's PDP, a service coordinator must inform an
individual or LAR of the following if the individual is interested
in receiving residential assistance:
(1) that the residential setting options available
in the HCS Program consist of:
(A) a residence in which the individual receives host
home/companion care;
(B) a three-person residence in which the individual
receives residential support or supervised living; or
(C) a four-person residence in which the individual
receives residential support or supervised living;
(2) that if the individual or LAR selects a residence
described in paragraph (1) of this subsection, the individual or LAR
will be responsible for paying room and board in accordance with a
residential agreement described in subsections (b) and (c) of this
section;
(3) that if the individual or LAR does not pay room
or board as required by a residential agreement, the individual's
program provider or service provider of host home/companion care may
evict the individual in accordance with the residential agreement
and state law; and
(4) that if an individual is evicted by a program provider
or service provider of host home/companion care and the individual
or LAR has not paid the delinquent room or board, HHSC will deny the
individual residential support, supervised living, or host home/companion
care until the individual or LAR pays the delinquent room or board.
(b) An individual's program provider must ensure that:
(1) an individual living in a three-person residence
or four-person residence or LAR has a written residential agreement
with the program provider; and
(2) an individual living in a residence in which host
home/companion care is provided or LAR has a written residential agreement
with the service provider of host home/companion care if the individual
does not own the residence or lease the residence from another person.
(c) The residential agreement required by subsection
(b) of this section must include:
(1) the physical address of the residence;
(2) the name of the individual;
(3) if a three-person residence or four-person residence,
the name of the program provider;
(4) if a residence in which host home/companion care
is provided, the name of the service provider of host home/companion
care;
(5) the beginning date of the residential agreement;
(6) the date the residential agreement expires;
(7) a provision that:
(A) the program provider or service provider of host
home/companion care and the individual or LAR agree that the residential
agreement is a "lease," as defined in Texas Property Code
Chapter 92 and that they are subject to state law governing residential
tenancies, including Texas Property Code Chapters 24, 91, and 92 and
Texas Rules of Civil Procedure Rule 510; and
(B) to the extent allowed by law, in the event of a
conflict or inconsistency between any provision of the residential
agreement and any provision of state statutory law, including Texas
Property Code Chapters 91 and 92, the provision in the residential
agreement governs;
(8) a provision that the individual or LAR is not waiving
any right or remedy provided to tenants under state law, including
the Texas Fair Housing Act in Texas Property Code Chapter 301, and
is not agreeing to any notice period that is shorter than the notice
period to which tenants are entitled under state law;
(9) the amount the individual or LAR is paying for
room determined in accordance with the rules governing the HCS Program
or a description of other consideration for room, if the individual
is paying in kind in lieu of a monetary amount;
(10) the amount the individual or LAR is paying for
board determined in accordance with the rules governing the HCS Program
or a description of other consideration for board, if the individual
is paying in kind in lieu of a monetary amount;
(11) the day of the month that the amount for room
and board is due, which will not be before the day of the month that
an individual receives a primary source of income, such as supplemental
security income and social security disability insurance;
(12) the amount of a late fee, if any, which may be
charged only once per month and will not exceed 10 percent of the
amount for room and board, that the program provider or host home/companion
care service provider may charge the individual or LAR if room and
board is not paid by the third day after it is due;
(13) a provision that allows the individual or LAR
to terminate the residential agreement before its expiration date
without any obligation under the residential agreement except an obligation
that accrued before the date of termination, if the individual permanently
moves from the residence for any reason, including transferring to
a different program provider;
(14) a provision that the program provider or service
provider of host home/companion care agrees to refund to the individual
or LAR an amount for room and board paid to the program provider or
services provider for the days that the individual was away from the
residence because the individual permanently moved from the residence
using the following formula to determine the daily amount for room
and board (the monthly amount for room and board ÷ the number
of days in the month);
(15) a provision that the individual may furnish and
decorate the individual's bedroom;
(16) a provision that the program provider or service
provider of host home/companion care agrees to be responsible for
all repairs to the residence of the program provider or service provider
of host home/companion care, including the program provider's or service
provider's real property or personal property, resulting from normal
wear and tear, as defined in Texas Property Code §92.001;
(17) a provision that allows eviction of the individual
only if:
(A) the individual or LAR fails to pay room or board,
which does not include any late fee; or
(B) the individual's HCS Program services are terminated;
(18) a provision that the program provider or service
provider of host home/companion care will, before giving the individual
or LAR a notice to vacate, give the individual or LAR a notice of
proposed eviction that allows the individual or LAR at least 60 calendar
days to pay the delinquent room or board;
(19) a provision that if the individual or LAR pays
the delinquent room or board within the period required by paragraph
(18) of this subsection, the program provider or service provider
of host home/companion care will not give the individual or LAR a
notice to vacate or otherwise proceed to evict the individual;
(20) a provision that the program provider or service
provider of host home/companion care will not accelerate the entire
balance of the unpaid room or board owed under the remainder of the
term of the residential agreement if the individual or LAR violates
the residential agreement and the violation does not result in an
eviction;
(21) the signature of the program provider or service
provider of host home/companion care; and
(22) the signature of the individual or the LAR.
(d) The program provider must:
(1) give the individual or LAR at least three calendar
days to review, request changes, and sign the residential agreement;
(2) ensure the residential agreement is fully executed
before the individual begins living in a three-person residence, four-person
residence, or a residence in which host home/companion care is provided,
except that an individual may begin living in one of these residences
before a residential agreement is fully executed in the event of an
emergency;
(3) if an individual begins living in a three-person
residence, four-person residence, or a residence in which host home/companion
care is provided before a residential agreement is fully executed
because of an emergency, as allowed by paragraph (2) of this subsection:
(A) document the details of the emergency; and
(B) ensure the residential agreement is fully executed
within seven calendar days after the individual begins living in the
residence; and
(4) provide one copy of the residential agreement to
the individual or LAR within three business days after the date the
residential agreement is fully executed.
(e) If a program provider becomes aware that a modification
to the provision in the residential agreement that the individual
may furnish and decorate the individual's bedroom is needed, based
on a specific assessed need of an individual, the program provider
must:
(1) notify the service coordinator of the needed modification;
and
Cont'd... |
