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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 42DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §42.407Service Backup Plans

(a) If an individual's IPC includes residential habilitation, nursing, specialized nursing, or CFC/PAS HAB the case manager must ensure that the service planning team determines if an individual needs a service backup plan or a service backup plan revision during:

  (1) the process of enrollment described in §42.212 of this chapter (relating to Process for Enrollment of an Individual);

  (2) each of the reviews described in §42.223 of this chapter (relating to Periodic Review and Update of IPC and IPP); and

  (3) an individual's transfer from one program provider to another.

(b) If the service planning team determines that an individual needs a service backup plan for residential habilitation, nursing, specialized nursing, or CFC PAS/HAB services critical to the individual's health and safety, the case manager must:

  (1) document on the individual's IPC and IPP the residential habilitation, nursing, specialized nursing, or CFC/PAS HAB services that require a service backup plan;

  (2) develop, with input from the service planning team, the service backup plan for each service identified as critical using the Provider Agency Model Service Backup Plan form; and

  (3) ensure that:

    (A) the service backup plan addresses emergencies, including when the failure of a service provider to appear as scheduled presents a risk to an individual's health and welfare; and

    (B) if the action in the service backup plan identifies a natural support, that a person providing the natural support receives pertinent information about the individual's needs and is able to protect the individual's health and safety.

(c) If the service backup plan is implemented, the service planning team must revise the service backup plan for residential habilitation, nursing, specialized nursing, or CFC/PAS HAB services to address any problems or concerns from the individual, case manager, service provider, or a person providing the natural support regarding implementation of the service backup plan.


Source Note: The provisions of this §42.407 adopted to be effective September 1, 2014, 39 TexReg 6609; amended to be effective March 20, 2016, 41 TexReg 1927

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