| (B) if the service planning team determines that the
individual would benefit from having a less restrictive alternative
to a guardian such as a supported decision making agreement, take
appropriate actions to implement such an alternative; and
(C) if the service planning team determines that the
individual would benefit from having a guardian, make a referral to
the appropriate court if:
(i) the individual would not benefit from a less restrictive
alternative to a guardian; or
(ii) the individual would benefit from having a less
restrictive alternative to a guardian but implementing such an alternative
is not feasible;
(20) immediately notify the program provider if the
service coordinator becomes aware that an emergency necessitates the
provision of an HCS Program service or a CFC service to ensure the
individual's health or safety and the service is not on the IPC or
exceeds the amount on the IPC;
(21) if notified by the program provider that a requirement
described in §263.503(c)(15) of this chapter (relating to Residential
Agreements) or §263.502(b)(1) - (7) of this chapter (relating
to Requirements for Program Provider Owned or Controlled Residential
Settings) needs to be modified, update the individual's PDP to include
the following:
(A) a description of the specific and individualized
assessed need that justifies the modification;
(B) a description of the positive interventions and
supports that were tried but did not work;
(C) a description of the less intrusive methods of
meeting the need that were tried but did not work;
(D) a description of the condition that is directly
proportionate to the specific assessed need;
(E) a description of how data will be routinely collected
and reviewed to measure the ongoing effectiveness of the modification;
(F) the established time limits for periodic reviews
to determine if the modification is still necessary or can be terminated;
(G) the individual's or LAR's signature evidencing
informed consent to the modification; and
(H) the program provider's assurance that the modification
will cause no harm to the individual;
(22) if notified by the program provider that an individual
or LAR has refused a comprehensive nursing assessment and that the
program provider has determined it cannot ensure the individual's
health, safety, and welfare in the provision of host home/companion
care, residential support, supervised living, supported home living,
respite, employment assistance, supported employment, in-home day
habilitation, day habilitation, or CFC PAS/HAB:
(A) inform the individual or LAR of the consequences
and risks of refusing the assessment, including that the refusal will
result in the individual's not receiving:
(i) nursing services; or
(ii) host home/companion care, residential support,
supervised living, supported home living, respite, employment assistance,
supported employment, in-home day habilitation, day habilitation,
or CFC PAS/HAB, if the individual needs one of those services and
the program provider has determined that it cannot ensure the health
and safety of the individual in the provision of the service; and
(B) notify the program provider if the individual or
LAR continues to refuse the assessment after the discussion with the
service coordinator;
(23) if the service coordinator determines that HCS
Program services or CFC services provided for an individual should
be terminated, including for a reason described in §263.104(k)(14)(C)
or (D) of this chapter:
(A) document a description of:
(i) the situation that resulted in the service coordinator's
determination that services should be terminated; and
(ii) the attempts by the service coordinator to resolve
the situation;
(B) send a written recommendation to terminate the
individual's HCS Program services or CFC services to HHSC and include
the documentation required by subparagraph (A) of this paragraph;
and
(C) provide a copy of the written recommendation and
the documentation required by subparagraph (A) of this paragraph to
the program provider;
(24) if an individual requests termination of all HCS
Program services or all CFC services, within ten calendar days after
the individual's request:
(A) inform the individual or LAR of:
(i) the individual's option to transfer to another
program provider;
(ii) the consequences of terminating HCS Program services
and CFC services; and
(iii) possible service resources upon termination,
including CFC services through a managed care organization; and
(B) submit documentation to HHSC that:
(i) states the reason the individual is making the
request; and
(ii) demonstrates that the individual or LAR was provided
the information required by subparagraph (A)(ii) and (iii) of this
paragraph;
(25) be objective in assisting an individual or LAR
in selecting a program provider or FMSA;
(26) at the time of assignment and as changes occur,
ensure that an individual and LAR and program provider are informed
of the name of the individual's service coordinator and how to contact
the service coordinator;
(27) unless contraindications are documented with justification
by the service planning team, ensure that a school-age individual
receives educational services in a six-hour-per-day program, five
days per week, provided by the local school district and that no individual
receives educational services at a state supported living center or
at a state center;
(28) unless contraindications are documented with justification
by the service planning team, ensure that a pre-school-age individual
receives an early childhood education with appropriate activities
and services, including small group and individual play with peers
without disabilities;
(29) unless contraindications are documented with justification
by the service planning team, ensure that an individual who is 18
years or older has opportunities to participate in day activities
of the individual's or LAR's choice that promote achievement of PDP
outcomes;
(30) unless contraindications are documented with justification
by the service planning team, ensure that each individual is offered
choices and opportunities for accessing and participating in community
activities and experiences available to peers without disabilities;
(31) assist an individual to meet as many of the individual's
needs as possible by using generic community services and resources
in the same way and during the same hours as these generic services
are used by the community at large;
(32) for an individual receiving host home/companion
care, residential support, or supervised living, ensure that the individual
or LAR is involved in planning the individual's residential relocation,
except in a case of an emergency;
(33) if the program provider notifies the service coordinator
that the program provider is unable to locate the parent or LAR to
assist the LIDDA in conducting permanency planning or if notified
by the LIDDA that the LIDDA is unable to locate the parent or LAR
in accordance with §263.902(g)(9) of this subchapter (relating
to Permanency Planning):
(A) make reasonable attempts to locate the parent or
LAR by contacting a person identified by the parent or LAR in the
contact information described in paragraph (35)(A) and (B) of this
subsection; and
(B) notify HHSC, no later than 30 calendar days after
the date the service coordinator determines the service coordinator
is unable to locate the parent or LAR, of the determination and request
that HHSC initiate a search for the parent or LAR;
(34) if the service coordinator determines that a parent's
or LAR's contact information described in paragraph (35)(A) of this
subsection is no longer current:
(A) make reasonable attempts to locate the parent or
LAR by contacting a person identified by the parent or LAR in the
contact information described in paragraph (35)(B) of this subsection;
and
(B) notify HHSC, no later than 30 calendar days after
the date the service coordinator determines the service coordinator
is unable to locate the parent or LAR, of the determination and request
that HHSC initiate a search for the parent or LAR;
(35) request from and encourage the parent or LAR of
an individual under 22 years of age requesting or receiving supervised
living or residential support to provide the service coordinator with
the following information:
(A) the parent's or LAR's:
(i) name;
(ii) address;
(iii) telephone number;
Cont'd... |
