| (a) A LIDDA must assign a service coordinator for a
designated resident if the designated resident, or the LAR on the
designated resident's behalf, expresses an interest in moving to the
community and has selected a community program.
(b) A service coordinator must facilitate the development,
revisions, implementation, and monitoring of a transition plan in
accordance with HHSC's IDD PASRR Handbook and using HHSC forms. A
transition plan must identify the services and supports a designated
resident needs to live in the community, including those essential
supports that are critical to the designated resident's health and
safety.
(c) The SPT for a designated resident must:
(1) meet as convened by the service 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; and
(3) conduct transition planning activities and develop
a transition plan for the designated resident.
(d) Consistent with an SPT member's role, each SPT
member must:
(1) assist the service coordinator in developing, revising,
implementing, and monitoring a designated resident's transition plan
to ensure a successful transition to the community for the designated
resident; and
(2) participate in an SPT meeting in person, via audio-visual
communication, or via audio-only communication, except as described
in subsection (e) or (g) of this section.
(e) An SPT member who is a provider of a specialized
service must participate in an SPT meeting, in person, via audio-visual
communication, or via audio-only communication, unless the service
coordinator determines participation by the provider is not necessary.
(f) If a service coordinator determines participation
by a provider is not necessary as described in subsection (e) of this
section, the service coordinator must:
(1) base the determination on the needs of the SPT;
and
(2) document the reasons for exempting participation.
(g) At an SPT meeting convened by a service coordinator,
the service coordinator must facilitate the SPT meeting in person,
or in extenuating circumstances via audio-visual communication.
(h) For a designated resident who is transitioning
to the community, a service coordinator must, in accordance with HHSC's
IDD PASRR Handbook and using HHSC forms, conduct and document a pre-move
site review of the designated resident's proposed residence in the
community to determine whether all essential supports in the designated
resident's transition plan are in place before the designated resident's
transition to the community.
(i) If the SPT makes a recommendation that a designated
resident continue to reside in a NF, the SPT must:
(1) document the reasons for the recommendation; and
(2) include in the designated resident's transition
plan:
(A) the barriers to moving to a more integrated setting;
and
(B) the steps the SPT will take to address those barriers.
(j) Before the service coordinator conducts the meetings
described in subsection (g) of this section via audio-visual communication,
the service 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.
(k) If the service coordinator does not obtain the
written or oral consent required by subsection (j) of this section,
the service 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 §303.701 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 |
