| (B) provide the case manager with a copy of the written
notice of proposed eviction.
(i) If the individual or LAR pays the delinquent room
or board within the period required by subsection (h)(3) of this section,
the program provider must not give the individual or LAR a notice
to vacate or otherwise proceed to evict the individual.
(j) If the individual or LAR does not pay the delinquent
room and board within the period required by subsection (h)(3) of
this section, the program provider:
(1) must report the failure to pay to one of the following
as appropriate:
(A) the SSA;
(B) the probate court that appointed the individual's
guardian; or
(C) DFPS as an allegation of the LAR's exploitation
or neglect of the individual;
(2) must meet with the individual or LAR to discuss
alternative living settings for the individual; and
(3) if the program provider wants to proceed to evict
the individual, the program provider must:
(A) give the individual or LAR a written notice to
vacate the residence in accordance with the residential agreement
and state law; and
(B) send a copy of the written notice described in
subparagraph (A) of this paragraph to the individual's case manager
within one business day after the individual or LAR is given the notice.
(k) If an individual is evicted by a program provider
and the individual or LAR has not paid the delinquent room and board,
the case manager must convene a meeting or meetings to revise the
IPP and revise the IPC as described in §260.77 of this chapter
(relating to Renewal and Revision of an IPP and IPC). If the individual
or LAR wants to keep licensed assisted living on the individual's
IPC, the case manager must inform the individual or LAR at the meeting
or meetings that HHSC will deny licensed assisted living if included
on the individual's IPC, until the individual pays the delinquent
room and board.
(l) If a program provider evicts an individual who
has an LAR and the LAR fails to arrange an alternative living setting
for the individual, the program provider must report the LAR's failure
to DFPS as neglect of the individual and notify the case manager that
such report was made.
(m) If an individual pays the delinquent room and board,
a program provider must, within one business day after the payment,
notify the individual's case manager that the individual is no longer
delinquent.
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