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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER DDEVELOPMENT AND REVIEW OF AN IPC
RULE §263.302Renewal and Revision of an IPC

    (B) the individual receives appropriate in-person support during the completion of the form by videoconferencing or telephone.

  (5) The service coordinator, within 10 calendar days after the PDP is updated, must send a copy of the following to the program provider, the individual or LAR and, if applicable, the FMSA:

    (A) the updated PDP; and

    (B) if CFC PAS/HAB was updated on the PDP, a copy of the updated HHSC HCS/TxHmL CFC PAS/HAB Assessment form.

  (6) Within seven calendar days after the program provider enters the information from the revised IPC in the HHSC data system and electronically submits the information to HHSC as required by subsection (e)(1)(C) of this section, the service coordinator must comply with the requirements in subsection (e)(2) of this section.

  (7) The program provider must provide HCS Program services and CFC services in accordance with:

    (A) an implementation plan that is based on:

      (i) the individual's PDP;

      (ii) the revised IPC; and

      (iii) if CFC PAS/HAB is included on the PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form; and

    (B) the revised transportation plan, if revised in accordance with paragraph (3)(F)(ii) of this subsection.

(c) Revision of an IPC before delivery of services. Except as provided by subsection (d) of this section, if an individual's service planning team and program provider determine that the IPC must be revised to add a new HCS Program service or CFC service or change the amount of an existing service, the program provider must revise the IPC in accordance with subsection (b) of this section before the delivery of a new or increased service.

(d) Emergency provision of services and revision of an IPC.

  (1) If an emergency necessitates the provision of an HCS Program service or CFC service to ensure the individual's health and safety and the service is not on the IPC or exceeds the amount on the IPC, the program provider may provide the service before revising the IPC. The program provider must, within one business day after providing the service:

    (A) document:

      (i) the circumstances that necessitated providing the new HCS Program service or CFC service or the increase in the amount of the existing HCS Program service or CFC service; and

      (ii) the type and amount of the service provided;

    (B) notify the service coordinator of the emergency provision of the service and that the IPC must be revised; and

    (C) upon request, provide a copy of the documentation required by subparagraph (A) of this paragraph to the service coordinator.

  (2) Within seven calendar days after providing the service:

    (A) the service planning team and the program provider must develop a revised IPC;

    (B) the service planning team must update the PDP and, if appropriate, complete the HHSC HCS/TxHmL CFC PAS/HAB Assessment form if adding CFC PAS/HAB to the IPC, or update the HHSC HCS/TxHmL CFC PAS/HAB Assessment form if changing the amount of CFC PAS/HAB on the IPC;

    (C) the program provider must:

      (i) revise the implementation plan that is based on the individual's PDP and revised IPC; and

      (ii) develop or revise a transportation plan, if supported home living is added to or modified on the PDP or IPC; and

    (D) the program provider must comply with the requirements in subsection (e)(1) of this section.

  (3) Within seven calendar days after the program provider enters the information from the revised IPC in the HHSC data system and electronically submits the information to HHSC as required by subsection (e)(1)(C) of this section, the service coordinator must comply with the requirements in subsection (e)(2) of this section.

  (4) The program provider must provide HCS Program services and CFC services in accordance with:

    (A) an implementation plan that is based on the individual's PDP and the revised IPC; and

    (B) the transportation plan developed or revised in accordance with paragraph (2)(C)(ii) of this subsection.

(e) Submitting a renewal and revised IPC to HHSC. A renewal or revised IPC must be submitted to HHSC in accordance with this subsection.

  (1) A program provider must:

    (A) sign and date the renewal or revised IPC;

    (B) ensure that the individual or LAR signs and dates the renewal or revised IPC and provides the signed and dated IPC to the service coordinator in person, electronically, by fax, or by United States mail;

    (C) after the renewal or revised IPC is signed and dated, enter information from the renewal or revised IPC in the HHSC data system and electronically submit the information to HHSC;

    (D) ensure that the information entered in the HHSC data system and electronically submitted is identical to the information on the original signed and dated renewal or revised IPC;

    (E) within three calendar days after entering the information in the HHSC data system and electronically submitting the information, ensure the service coordinator receives a copy of the original signed and dated renewal or revised IPC; and

    (F) keep the original signed and dated renewal or revised IPC in the individual's record.

  (2) The service coordinator must review the information entered and submitted in the HHSC data system from the original signed and dated renewal or revised IPC and:

    (A) enter the service coordinator's name and date in the HHSC data system; and

    (B) enter in the HHSC data system whether the service coordinator agrees or disagrees that the requirements described in §263.301(c) of this subchapter have been met.

  (3) If the service coordinator disagrees with how the IPC was entered in the HHSC data system, the service coordinator and program provider must resolve the disagreement.

  (4) If the service coordinator disagrees with the IPC for a reason other than how the IPC was entered in the HHSC data system, the service coordinator must notify the individual, LAR, HHSC and the program provider of the service coordinator's disagreement in accordance with HHSC instructions.

(f) Revision of an IPC to include CFC support management. If an individual or LAR requests CFC support management during an IPC year, the service coordinator or the program provider must revise the IPC as described in the HCS Handbook.

(g) Renewal and revision of an IPC when all services are through the CDS option. For an individual who is receiving all services through the CDS option and, therefore, does not have a program provider, the service coordinator must:

  (1) perform the functions of the program provider described in this section; and

  (2) is not required to comply with subsection (e)(2) of this section.


Source Note: The provisions of this §263.302 adopted to be effective March 1, 2023, 48 TexReg 1080

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