| (iii) a guardianship for the individual ends; and
(2) retain a copy of the completed form in the individual's
record.
(n) A service coordinator must conduct:
(1) a pre-move site review for an applicant 21 years
of age or older who is enrolling in the TxHmL Program from a nursing
facility or as a diversion from admission to a nursing facility; and
(2) post-move monitoring visits for an individual 21
years of age or older who enrolled in the TxHmL Program from a nursing
facility or has enrolled in the TxHmL Program as a diversion from
admission to a nursing facility.
(o) A service coordinator must have contact with an
individual in person, by videoconferencing, or telephone to provide
service coordination during a month in which it is anticipated that
the individual will not receive a TxHmL Program service unless:
(1) the individual's TxHmL Program services have been
suspended; or
(2) the service coordinator had an in-person contact
with the individual that month to comply with §331.11(d) of this
title (relating to LIDDA's Responsibilities).
(p) In addition to the requirements described in Chapter
331 of this title (relating to LIDDA Service Coordination), a LIDDA
must:
(1) comply with:
(A) this subchapter;
(B) 40 TAC Chapter 41; and
(C) 40 TAC Chapter 4, Subchapter L, (relating to Abuse,
Neglect, and Exploitation in Local Authorities and Community Centers);
and
(2) ensure that a rights protection officer, as required
by 40 TAC §4.113 (relating to Rights Protection Officer at a
State MR Facility or MRA), who receives a copy of an HHSC initial
intake report or a final investigative report from an FMSA, in accordance
with 40 TAC §41.702 (relating to Requirements Related to HHSC
Investigations When an Alleged Perpetrator is a Service Provider)
or 40 TAC §41.703 (relating to Requirements Related to HHSC Investigations
When an Alleged Perpetrator is a Staff Person or a Controlling Person
of an FMSA), gives a copy of the report to the individual's service
coordinator.
(q) A service coordinator must:
(1) at least annually, in accordance with 40 TAC Chapter
41, Subchapter D (relating to Enrollment, Transfer, Suspension, and
Termination):
(A) inform the individual or LAR of the individual's
right to participate in the CDS option; and
(B) inform the individual or LAR that the individual
or LAR may choose to have one or more services provided through the
CDS option, as described in 40 TAC §41.108 (relating to Services
Available Through the CDS Option); and
(2) document compliance with paragraph (1) of this
subsection in the individual's record.
(r) If an individual or LAR chooses to participate
in the CDS option, the service coordinator must:
(1) provide names and contact information to the individual
or LAR of all FMSAs providing services in the LIDDA's local service
area;
(2) document the individual's or LAR's choice of FMSA
on HHSC Consumer Participation Choice form;
(3) document, in the individual's PDP, a description
of the services provided through the CDS option; and
(4) develop with the individual or LAR and other members
of the service planning team a transportation plan if an individual's
PDP includes community support to be delivered through the CDS option.
(s) For an individual participating in the CDS option,
a service coordinator must recommend that HHSC terminate the individual's
participation in the CDS option if the service coordinator determines
that:
(1) the individual's continued participation in the
CDS option poses a significant risk to the individual's health, safety,
or welfare; or
(2) the individual, LAR, or designated representative
has not complied with 40 TAC Chapter 41, Subchapter B (relating to
Responsibilities of Employers and Designated Representatives).
(t) To make a recommendation described in subsection
(s) of this section, a service coordinator must submit the following
documentation to HHSC:
(1) the services the individual receives through the
CDS option;
(2) the reason why the recommendation is made;
(3) a description of the attempts to resolve the issues
before making the recommendation; and
(4) any other supporting documentation, as appropriate.
(u) A service coordinator must do the following regarding
responsibilities related to EVV:
(1) for an applicant who will receive a service that
requires the use of EVV from the program provider or through the CDS
option:
(A) orally explain the information in the HHSC Electronic
Visit Verification Responsibilities and Additional Information form
to the applicant or LAR;
(B) sign the HHSC Electronic Visit Verification Responsibilities
and Additional Information form to attest to explaining the information
and to providing a copy to the individual or LAR;
(C) provide the individual or LAR with a copy of the
signed form;
(D) perform the activities described in subparagraph
(A) - (C) of this paragraph before the individual's enrollment; and
(E) maintain the completed HHSC Electronic Visit Verification
Responsibilities and Additional Information form in the individual's
record;
(2) for an individual who will receive a service that
requires the use of EVV from the program provider or who is transferring
to another program provider or LIDDA and will receive a service that
requires the use of EVV from the program provider or through the CDS
option:
(A) orally explain the information in the HHSC Electronic
Visit Verification Responsibilities and Additional Information form
to the individual or LAR;
(B) sign the HHSC Electronic Visit Verification Responsibilities
and Additional Information form to attest to explaining the information
and to providing a copy to the individual or LAR;
(C) provide the individual or LAR with a copy of the
signed form;
(D) perform the activities described in subparagraphs
(A)-(C) of this paragraph on or before the effective date of the transfer
to another program provider or LIDDA; and
(E) maintain the completed HHSC Electronic Visit Verification
Responsibilities and Additional Information form in the individual's
record; and
(3) for an individual who will receive a service that
requires the use of EVV through the CDS option or who will transfer
to another FMSA and is receiving a service requiring the use of EVV:
(A) orally explain the information in the HHSC Electronic
Visit Verification Responsibilities and Additional Information form
to the individual or LAR;
(B) sign the HHSC Electronic Visit Verification Responsibilities
and Additional Information form to attest to explaining the information
and to providing a copy to the individual or LAR;
(C) provide the individual or LAR with a copy of the
signed form;
(D) perform the activities described in subparagraphs
(A)-(C) of this paragraph before the individual receives the EVV required
service through the CDS option or on or before the effective date
of the transfer to another FMSA; and
(E) maintain the completed HHSC Electronic Visit Verification
Responsibilities and Additional Information form in the individual's
record.
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