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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER BELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 3REVIEW
RULE §260.77Renewal and Revision of an IPP and IPC

        (II) includes nursing, intervener services, or CFC PAS/HAB, develop a service backup plan or a service backup plan revision if required by §260.213 of this chapter (relating to Service Backup Plans); and

      (vii) ensure the renewal IPP and proposed renewal IPC is signed and dated by each member of the service planning team; and

    (F) the case manager must:

      (i) provide an oral and written explanation of the topics described in §260.61(c)(1) - (3) of this subchapter (relating to Process for Enrollment of an Individual) to the individual or LAR;

      (ii) educate the individual and LAR about protecting the individual from abuse, neglect, and exploitation;

      (iii) provide an oral explanation to the individual or LAR that the individual may transfer to a different program provider;

      (iv) give the individual or LAR an HHSC Documentation of Provider Choice form and have the individual or LAR designate the selection of a DBMD program provider on the form;

      (v) if the individual or LAR selects a different DBMD program provider on the HHSC Documentation of Provider Choice form, coordinate the individual's transfer in accordance with §260.79 of this subchapter (relating to Coordination of Transfers);

      (vi) orally explain that the individual or LAR may request the provision of transportation provided as a residential habilitation activity, case management, nursing, out-of-home respite in a camp, adaptive aids, intervener services, or CFC PAS/HAB while the individual is staying at a location outside the contracted service delivery area but within the state of Texas for a period of no more than 60 consecutive days; and

      (vii) have documentation that the activities required under clauses (i) - (vi) of this subparagraph were performed.

  (2) A case manager must, no later than 10 business days after the date of the service planning team meeting described in paragraph (1)(E) of this subsection, but at least 30 calendar days before the end of the current IPC period, submit to HHSC:

    (A) the signed and dated proposed renewal IPC;

    (B) the signed and dated renewal IPP;

    (C) the PAS/HAB plan;

    (D) the renewal ID/RC Assessment;

    (E) the results of an adaptive behavior screening assessment, if completed as described in paragraph (1)(D) of this subsection;

    (F) the HHSC Related Conditions Eligibility Screening Instrument form;

    (G) the HHSC Non-Waiver Services form;

    (H) the HHSC Documentation of Provider Choice form;

    (I) the HHSC CLASS/DBMD Nursing Assessment form;

    (J) an individual transportation plan, if required by subsection (a)(4)(C)(i) of this section; and

    (K) the documentation described in subsection (a)(5)(B) of this section.

(c) Review and revision in an emergency. If a program provider delivers a DBMD Program service or CFC PAS/HAB to an individual in an emergency to ensure the individual's health and welfare and the service is not on the IPC and IPP or exceeds the amount on the IPP, a case manager must:

  (1) as soon as possible, but no later than five business days after providing the service, convene a service planning team meeting at a time and location convenient to the individual or LAR to:

    (A) develop a revised IPP that:

      (i) meets the requirements described in §260.65 of this subchapter; and

      (ii) includes documentation of how the requested service addressed the emergency; and

    (B) develop a proposed revised IPC that meets the requirements described in §260.67(a)(1) and (b) of this chapter;

  (2) if the revised IPP and proposed revised IPC includes nursing, intervener services, or CFC PAS/HAB, develop a service backup plan of service backup plan revision, if required by §260.213 of this chapter;

  (3) ensure the revised IPP and proposed revised IPC is signed and dated by each member of the service planning team; and

  (4) no later than 10 business days after the service planning meeting described in paragraph (1) of this subsection, submit to HHSC:

    (A) a copy of the signed and dated proposed revised IPC;

    (B) a copy of the signed and dated revision IPP; and

    (C) the documentation described in subsection (a)(5)(B) of this section.

(d) Review and revision other than the reviews described in subsections (a) - (c) of this section. If a program provider becomes aware at any time during an individual's IPC period that changes to the individual's services may be necessary, the case manager must:

  (1) as soon as possible but no later than five business days after becoming aware that changes to the individual's services may be necessary, convene a service planning team meeting at a time and location convenient to the individual or LAR to review and, if determined necessary, develop:

    (A) a revised IPP that meets the requirements described in §260.65 of this chapter; and

    (B) a proposed revised IPC that meets the requirements described in §260.67(a)(1) and (b) of this subchapter;

  (2) if the revised IPP and proposed revised IPC:

    (A) include transportation provided as a residential habilitation activity or as an adaptive aid, develop an individual transportation plan; or

    (B) include nursing, intervener services, or CFC PAS/HAB services, ensure compliance with §260.213 of this chapter;

  (3) ensure the revised IPP and proposed revised IPC are signed and dated by each member of the service planning team; and

  (4) no later than 10 business days after the date of the service planning meeting described in paragraph (1) of this subsection, submit to HHSC:

    (A) a copy of the signed and dated proposed revised IPC;

    (B) a copy of the signed and dated revised IPP;

    (C) an individual transportation plan, if required by paragraph (2)(A) of this subsection; and

    (D) the documentation described in subsection (a)(5)(B) of this section.

(e) Determination by HHSC of whether an individual meets LOC VIII and additional criteria.

  (1) HHSC reviews the documentation described in subsection (b)(1)(A) - (E) of this section to determine whether an individual meets the LOC VIII and additional criteria required by §260.51(a)(2) and (3) of this subchapter (relating to Eligibility Criteria for DBMD Program Services and CFC Services).

  (2) HHSC may request current data obtained from standardized evaluations and formal assessments related to an individual's LOC VIII. If HHSC makes such a request, the case manager must submit the information to HHSC no later than 10 calendar days after the date of the request.

  (3) HHSC notifies a program provider, in writing, of whether or not an individual meets the LOC VIII. If HHSC determines that an individual meets the LOC VIII, the LOC VIII is effective:

    (A) on a date determined by HHSC; and

    (B) through the last calendar day of the IPC period.

  (4) If an individual's LOC VIII expires before HHSC determines whether the individual meets the LOC VIII, as described in paragraphs (1) - (3) of this subsection:

    (A) a program provider must continue to provide services to the individual until HHSC approves a proposed renewal IPC to ensure continuity of care and prevent the individual's health and welfare from being jeopardized; and

    (B) if HHSC determines that an individual meets the LOC VIII, and the individual is otherwise eligible for the DBMD Program, HHSC will reimburse the program provider for services provided, as required by subparagraph (A) of this paragraph, for a period of not more than 180 calendar days before the date HHSC receives the documentation described in subsection (b)(2)(E) - (G) of this section.

(f) HHSC's review of a proposed revised IPC or a proposed renewal IPC.

  (1) HHSC reviews a proposed revised IPC or a proposed renewal IPC to determine if the proposed IPC meets:

    (A) the requirement described in §260.51(a)(4) of this subchapter; and

    (B) the requirements described in §260.67(a)(1) and (b) of this subchapter.

  (2) At HHSC's request, a case manager must submit additional documentation supporting a revised IPC or a proposed renewal IPC no later than 10 calendar days after the date of the request.

  (3) If HHSC determines that a proposed revised IPC or a proposed renewal IPC meets the requirements:

    (A) HHSC notifies the program provider, in writing, of its determination; and

Cont'd...

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