(a) General.
(1) Unless the consumer who will receive independent
living services under this chapter signs a waiver in accordance with
paragraph (2) of this subsection, the service provider works with
the consumer to develop and periodically review an independent living
plan in accordance with this section.
(2) If the consumer knowingly and voluntarily signs
a waiver stating that the consumer's participation in developing an
independent living plan is unnecessary, the service provider develops
a waived independent living plan.
(3) The service provider provides each independent
living service in accordance with the independent living plan or waived
independent living plan.
(b) Initiation and development of an independent living
plan.
(1) A consumer's independent living plan or waived
independent living plan is created after the consumer's eligibility
is documented according to §104.305 of this chapter (relating
to Eligibility). The plan explains the goals or objectives established
and the services to be provided. It indicates the anticipated duration
of the service plan and the duration of each component service.
(2) Subject to subsection (a)(2) of this section, the
independent living plan is developed by the service provider and the
consumer or the consumer's representative.
(3) A copy of the independent living plan and any amendments
is provided in an accessible format to the consumer or the consumer's
representative.
(c) Review.
(1) The independent living plan or waived independent
living plan is reviewed as often as necessary but at least annually
to determine whether to continue, modify, or discontinue services
or refer the consumer to a vocational rehabilitation program or other
assistance program.
(2) The consumer reviews the independent living plan
and, if necessary, revises it and agrees by signature to its terms.
(d) Coordinating services. The independent living plan
or waived independent living plan must be coordinated, to the extent
possible, with any of the following programs for the consumer:
(1) A vocational rehabilitation program;
(2) A habilitation program, prepared under the Developmental
Disabilities Assistance and Bill of Rights Act; and
(3) An education program, prepared under part B of
the Individuals with Disabilities Education Act.
(e) Termination of services. If the service provider
intends to terminate services to a consumer, the service provider
documents the reason on the independent living plan or waived independent
living plan and follows the procedures explained in §104.305(f)(2)
- (5) of this chapter.
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Source Note: The provisions of this §357.307 adopted to be effective August 31, 2016, 41 TexReg 6066; transferred effective March 15, 2021, as published in the Texas Register February 26, 2021, 46 TexReg 1387 |