| (a) In addition to the requirements described in Chapter
331 of this title (relating to LIDDA Service Coordination), a LIDDA
must:
(1) comply with:
(A) this chapter;
(B) 40 TAC Chapter 41 (relating to Consumer Directed
Services Option); and
(C) 40 TAC Chapter 4, Subchapter L (relating to Abuse,
Neglect, and Exploitation in Local Authorities and Community Centers);
and
(2) ensure that a rights protection officer required
by 40 TAC §4.113 (relating to Rights Protection Officer at a
State MR Facility or MRA), who receives a copy of an HHSC initial
intake report or a final investigative report from an FMSA in accordance
with 40 TAC §41.702 (relating to Requirements Related to HHSC
Investigations When an Alleged Perpetrator is a Service Provider)
or 40 TAC §41.703 (relating to Requirements Related to HHSC Investigations
When an Alleged Perpetrator is a Staff Person or a Controlling Person
of an FMSA), gives a copy of the report to the individual's service
coordinator.
(b) 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 except as described in paragraph (2) of this subsection.
(2) Notwithstanding §331.19(b)(2)(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 HCS Program and CFC; and
(B) 40 TAC Chapter 41.
(c) A LIDDA must have a process for receiving and resolving
complaints from a program provider related to the LIDDA's provision
of service coordination or the LIDDA's process to enroll an applicant
in the HCS Program.
(d) If, as a result of monitoring, the service coordinator
identifies a concern with the implementation of the PDP, the LIDDA
must ensure that the concern is communicated to the program provider
and attempts are made to resolve the concern. The LIDDA may refer
an unresolved concern to HHSC by calling the HHSC IDD Ombudsman toll-free
telephone number at 1-800-252-8154.
(e) A service coordinator must:
(1) assist an individual, LAR, or actively involved
person in exercising the legal rights of the individual;
(2) provide an individual, LAR, or family member with
the booklet, Your Rights In the Home and
Community-based Services (HCS) Program, available on the HHSC
website, and the HHSC HCS Rights Addendum form, and an oral explanation
of the rights in the booklet and the form:
(A) upon the individual's enrollment in the HCS Program;
(B) upon revision of the booklet or the form;
(C) upon request; 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 the provision of the information required
by paragraph (2) of this subsection, and ensure that the documentation
is signed by:
(A) the individual or LAR; and
(B) the service coordinator;
(4) ensure that, upon enrollment of an individual and
annually thereafter, the individual or LAR is informed orally and
in writing of the following:
(A) the telephone number of the LIDDA to file a complaint;
(B) the toll-free telephone number of the HHSC IDD
Ombudsman, 1-800-252-8154, to file a complaint; and
(C) the toll-free telephone number of DFPS, 1-800-647-7418,
to report an allegation of abuse, neglect, or exploitation;
(5) maintain for an individual for an IPC year:
(A) a copy of the IPC;
(B) the PDP and, if CFC PAS/HAB is included on the
PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form;
(C) a copy of the ID/RC Assessment;
(D) documentation of the activities performed by the
service coordinator in providing service coordination; and
(E) any other pertinent information related to the
individual;
(6) initiate, coordinate, and facilitate the person-centered
planning process to meet the goals and outcomes identified by an individual
and LAR in the individual's PDP, including scheduling service planning
team meetings;
(7) to meet the needs of an individual as those needs
are identified, develop for the individual a full range of services
and resources using:
(A) providers for services other than HCS Program services
and CFC services; and
(B) advocates or other actively involved persons;
(8) ensure that the PDP for an applicant or individual:
(A) is developed, reviewed, and updated in accordance
with:
(i) §263.104(j)(4)(A) of this chapter (relating
to Process for Enrollment of Applicants);
(ii) §263.302 of this chapter (relating to Renewal
and Revision of an IPC); and
(iii) §331.11 of this title (relating to LIDDA's
Responsibilities); and
(B) document, for each HCS Program service, other than
supervised living and residential support, and for each CFC service,
whether the service is critical to the individual's health and safety
as determined by the service planning team;
(9) ensure that the updated finalized PDP is signed
by the individual or LAR;
(10) participate in the development, renewal, and revision
of an individual's IPC in accordance with §263.104 and §263.302
of this chapter;
(11) ensure the service planning team participates
in the renewal and revision of the IPC for an individual in accordance
with §263.302 of this chapter and ensure the service planning
team completes other responsibilities and activities as described
in this chapter;
(12) notify the service planning team if the service
coordinator receives notification from the program provider that:
(A) an individual's behavior requires the implementation
of a behavior support plan; or
(B) based on an annual review by the program provider,
an individual's behavior support plan needs to continue;
(13) if a change to an individual's PDP is needed,
other than as required by §263.302 of this chapter:
(A) communicate the need for the change to the individual
or LAR, the program provider, and other appropriate persons;
(B) update the PDP as necessary; and
(C) within 10 calendar days after the PDP is updated,
send a copy of the updated PDP to the program provider, the individual
or LAR and, if applicable, the FMSA;
(14) provide an individual's program provider a copy
of the individual's current PDP;
(15) monitor the provision of HCS Program services,
CFC services, and non-HCS Program and non-CFC services to an individual;
(16) document whether an individual or LAR perceives
that the individual is progressing toward desired outcomes identified
on the individual's PDP;
(17) together with the program provider, ensure the
coordination and compatibility of HCS Program services and CFC services
with non-HCS Program and non-CFC services, including, in coordination
with the program provider, assisting an individual in obtaining a
neurobehavioral or neuropsychological assessment and plan of care
from one of the following professionals:
(A) a psychologist licensed in accordance with Texas
Occupations Code Chapter 501;
(B) a speech-language pathologist licensed in accordance
with Texas Occupations Code Chapter 401; or
(C) an occupational therapist licensed in accordance
with Texas Occupations Code Chapter 454;
(18) for an individual who has had a guardian appointed,
determine, at least annually, if the letters of guardianship are current;
(19) if individual does not have a guardian:
(A) ensure that the service planning team determines
whether the individual would benefit from having a guardian or a less
restrictive alternative to a guardian;
Cont'd... |
