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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 43SERVICE RESPONSIBILITY OPTION
SUBCHAPTER DTERMINATION OF THE SRO
RULE §43.32Involuntary Termination of Participation in the SRO

(a) A case manager or service coordinator may involuntarily terminate an individual from participation in the SRO, in accordance with the requirements of the individual's program, in any of the following situations:

  (1) non-delivery of services or extended breaks in services;

  (2) noncompliance with SRO management responsibilities;

  (3) noncompliance with a service back-up plan; or

  (4) over- or under-utilization of services or funds allocated in the individual's service plan for delivery of services to the individual through the SRO and in accordance with the requirements of the individual's program.

(b) Before involuntarily terminating an individual from participation in the SRO, an individual's case manager or service coordinator must convene the individual's service planning team, including the support advisor, to:

  (1) provide assistance with accessing supports and developing and implementing a corrective action plan related to noncompliance with program and SRO requirements;

  (2) document interventions utilized by the individual, support advisor, or representative to eliminate noncompliance with program requirements for the management of program services through the SRO; and

  (3) consider options to:

    (A) recommend additional interventions to be implemented under the guidance of the support advisor to protect the individual's health and welfare for continued participation in the SRO; or

    (B) recommend termination of the SRO and ensure that services are provided through the program provider.

(c) If an individual, LAR, or representative does not correct the issue identified in subsection (a) of this section that caused the service planning team to initiate the steps outlined in subsection (b) of this section, the individual's case manager or service coordinator involuntarily terminates the individual from participation in the SRO.


Source Note: The provisions of this §43.32 adopted to be effective January 1, 2009, 33 TexReg 10510

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