| (2) provide the service coordinator the information
described in §263.901(e)(21) of this chapter relating to (LIDDA
Requirements for Providing Service Coordination in the HCS Program)
as requested by the service coordinator.
(f) If a service coordinator receives a notification
as described in subsection (e) of this section, the service coordinator
must convene a meeting of the service planning team to update the
PDP in accordance with §263.901(e)(21) of this chapter.
(g) After the service planning team updates the PDP
as required by §263.901(e)(21) of this chapter, the program provider
may implement the modification.
(h) If an individual or LAR is delinquent in payment
of room or board and the program provider or service provider wants
to evict the individual, the program provider must:
(1) notify the service coordinator that the individual
or LAR is delinquent in the payment of room or board under the residential
agreement and that the program provider or service provider wants
to evict the individual;
(2) after providing the notification required by paragraph
(1) of this subsection, meet with the individual or LAR, including
the representative payee if one has been appointed by the Social Security
Administration, and the service coordinator to discuss the alleged
non-payment of room or board and options to prevent an eviction; and
(3) if the program provider or service provider intends
to proceed to evict the individual at the meeting required by paragraph
(2) of this subsection:
(A) give the individual or LAR a written notice of
proposed eviction that allows the individual or LAR at least 60 calendar
days to pay the delinquent room or board; and
(B) provide the service coordinator 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 or service provider of host home/companion care
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 or 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 Social Security Administration;
(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 and the service
coordinator to discuss alternative living settings for the individual;
and
(3) if the program provider or service 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 service coordinator
within one business day after the individual or LAR is given the notice.
(k) If an individual is evicted by a program provider
or service provider of host home/companion care and the individual
or LAR has not paid the delinquent room or board, the service coordinator
must convene a meeting or meetings to update the PDP and revise the
IPC as described in §263.302(b)(3)(D) of this chapter (relating
to Renewal and Revision of an IPC). If the individual or LAR wants
to keep residential support, supervised living, or host home/companion
care on the individual's IPC, the service coordinator must inform
the individual or LAR at the meeting or meetings that HHSC will deny
residential support, supervised living, or host home/companion care,
if included on the individual's IPC, until the individual pays the
delinquent room or 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 service coordinator
that such a report was made.
(m) If an individual pays the delinquent room or board,
a program provider must, within one business day after the payment,
notify the individual's service coordinator that the individual is
no longer delinquent.
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