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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 303PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER FHABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT
RULE §303.602Service Planning Team Responsibilities Related to Specialized Services

(a) The SPT for a designated resident must:

  (1) meet at least quarterly, as convened by the habilitation coordinator;

  (2) ensure that the designated resident, regardless of whether he or she has an LAR, participates in the SPT to the fullest extent possible and receives the support necessary to do so, including communication supports;

  (3) develop an HSP for the designated resident;

  (4) review and monitor identified risk factors, such as choking, falling, and skin breakdown, and report to the proper authority if they are not addressed;

  (5) make timely referrals, service changes, and revisions to the HSP as needed;

  (6) considering the designated resident's preferences, monitor to determine if the designated resident is provided opportunities for engaging in integrated activities:

    (A) with residents who do not have ID or DD; and

    (B) in community settings with people who do not have a disability; and

  (7) develop the plan of care for a designated resident who receives IHSS.

(b) Each member of the SPT for a designated resident must:

  (1) consistent with the SPT member's role, assist the habilitation coordinator in ensuring the designated resident's needs are being met; and

  (2) participate in an SPT meeting in person, via audio-visual communication, or via audio-only communication, except as described in subsection (c)(3) or (e) of this section;

(c) An SPT member who is a provider of a specialized service must:

  (1) submit to the habilitation coordinator a copy of all assessments of the designated resident that were completed by the provider or provider agency;

  (2) submit a written report describing the designated resident's progress or lack of progress to the habilitation coordinator at least five days before a quarterly SPT meeting; and

  (3) participate in an SPT meeting, in person, via audio-visual communication, or via audio-only communication, unless the habilitation coordinator determines participation by the provider is not necessary.

(d) If a habilitation coordinator determines participation by a provider is not necessary as described in subsection (c)(3) of this section, the habilitation coordinator must:

  (1) base the determination:

    (A) on the information in the written report submitted in accordance with subsection (c)(2) of this section; and

    (B) on the needs of the SPT; and

  (2) document the reasons for exempting participation.

(e) A habilitation coordinator must facilitate a quarterly SPT meeting in person, or in extenuating circumstances via audio-visual communication.

(f) Before the habilitation coordinator conducts the meeting described in subsection (e) of this section via audio-visual communication, the habilitation coordinator must:

  (1) do one of the following:

    (A) obtain the written informed consent of the designated resident or LAR; or

    (B) obtain the oral consent of the designated resident or LAR and document the oral consent in the designated resident's record; and

  (2) document in the designated resident's record a description of the extenuating circumstances which required the use of audio-visual communication.

(g) If the habilitation coordinator does not obtain the written or oral consent required by subsection (f) of this section, the habilitation coordinator must:

  (1) document the designated resident's or LAR's refusal in the designated resident's record; and

  (2) convene an SPT meeting in person as soon as possible after the extenuating circumstances no longer exist.


Source Note: The provisions of this §303.602 adopted to be effective July 7, 2019, 44 TexReg 3265; amended to be effective September 1, 2021, 46 TexReg 5419; amended to be effective April 15, 2024, 49 TexReg 2287

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