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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 304DIAGNOSTIC ASSESSMENT
SUBCHAPTER DDETERMINATION OF INTELLECTUAL DISABILITY
RULE §304.402The Determination of Intellectual Disability Report

(a) An authorized provider employed by or contracting with a LIDDA or SSLC must complete a written report of the DID that is dated, signed, and includes the license number or, when applicable, the certification number of the authorized provider. The written DID report must contain:

  (1) background information summarizing the individual's:

    (A) developmental history, including a description of the evidence of origination of ID during the individual's developmental period; and

    (B) previous and current psychological and psychiatric evaluations, treatments and diagnoses;

  (2) results of current intellectual and adaptive behavior assessments, including:

    (A) instrument names;

    (B) composite or full-scale scores;

    (C) cluster, area, and specific or subscale scores, if available; and

    (D) overall intellectual functioning and ABL;

  (3) a narrative description of:

    (A) test results, including the individual's relative strengths and weaknesses;

    (B) testing conditions, including any accommodations provided or technology used; and

    (C) any relevant impact on the test results related to the individual's:

      (i) cultural background;

      (ii) primary language;

      (iii) communication style;

      (iv) physical or sensory impairments;

      (v) motivation;

      (vi) attentiveness;

      (vii) emotional and behavioral factors; and

      (viii) home and family variables;

  (4) an integrative summary that includes diagnostic impressions, conclusions, and diagnoses, including applicable diagnostic codes; and

  (5) recommendations, including a statement of:

    (A) whether the individual has an ID; and

    (B) if applicable, whether the individual has:

      (i) ASD as described in §304.503 of this chapter (relating to Autism Spectrum Disorder); or

      (ii) a related condition on the current HHSC-approved list of related conditions.

(b) An authorized provider must provide the written DID report to the individual or individual's LAR who requested the DID within 30 days after completing the interview and diagnostic assessment described in §304.401(a) of this subchapter (relating to Conducting a Determination of Intellectual Disability).

(c) If a DID has been ordered by a court for guardianship proceedings, the authorized provider who conducts the DID:

  (1) must submit the written findings and recommendations as specified in the court's order; and

  (2) may submit a current capacity assessment regarding self-care and financial management of the individual using an HHSC-approved form.


Source Note: The provisions of this §304.402 adopted to be effective November 30, 2021, 46 TexReg 8062

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