| (a) When a designated resident moves from one NF to
another NF within the same local service area but in a different contract
area without an intervening hospital stay, the habilitation coordinator
must:
(1) notify the service provider agency and determine
whether the service provider agency has a contract in the new contract
area; and
(2) if the service provider agency has a contract in
the new contract area, determine whether the designated resident wants
to select a new service provider agency or continue receiving IHSS
from the current service provider agency.
(b) If the service provider agency has a contract in
the new contract area and the designated resident or LAR elects to
receive IHSS from the same service provider agency, the service provider
agency may continue to deliver IHSS in accordance with §368.502(b)
of this subchapter (relating to Transfer between Nursing Facilities
in the Same Contract Area and Local Service Area).
(c) If the designated resident or LAR chooses to select
a new service provider agency:
(1) the habilitation coordinator and new service provider
agency must comply with §368.203 of this chapter (relating to
Process for Provider Selection) and §368.204 of this chapter
(relating to Process for Service Initiation);
(2) the new service provider agency must ensure IHSS
are not delivered until HHSC has authorized the IHSS on the plan of
care; and
(3) the previous service provider agency must respond
to the habilitation coordinator's requests for information or documentation
related to the designated resident's IHSS within three business days
of the request.
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