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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 368INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (IDD) HABILITATIVE SPECIALIZED SERVICES
SUBCHAPTER BSERVICES DESCRIPTION AND INITIATION
RULE §368.204Process for Service Initiation

(a) A LIDDA must comply with §303.302 of this title (relating to LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process).

(b) At the initial IDT meeting, the habilitation coordinator, in conjunction with the IDT, must:

  (1) review the IHSS recommended on the PE and identify which IHSS:

    (A) the designated resident, or LAR on the designated resident's behalf, wants to receive; and

    (B) the IDT agrees the designated resident should receive;

  (2) verify that identified IHSS are required by the designated resident's NF baseline or comprehensive care plan; and

  (3) develop an HSP in accordance with §303.601(b)(2) of this title (relating to Habilitation Coordination for a Designated Resident).

(c) Within seven calendar days of receiving the designated resident's NF baseline or comprehensive care plan in accordance with §368.203(a)(5) of this subchapter (relating to Process for Provider Selection), the service provider agency must:

  (1) ensure an individual service provider who meets the qualifications in §368.406 of this chapter (relating to Provider Qualifications) completes an assessment for each IHSS on the NF baseline or comprehensive care plan, using HHSC forms; and

  (2) send each assessment to the habilitation coordinator.

(d) The habilitation coordinator must:

  (1) within 14 calendar days of sending the designated resident's NF baseline or comprehensive care plan to the service provider agency, convene an SPT meeting to:

    (A) discuss the assessments and recommended frequency, amount, and duration for each IHSS for which an assessment was conducted;

    (B) develop an initial plan of care, using HHSC forms, in accordance with §368.301 of this chapter (relating to Plan of Care) and HHSC's IDD PASRR Handbook; and

    (C) revise the HSP in accordance with §368.302 of this chapter (relating to Renewal and Revision of a Plan of Care);

  (2) ensure all required parties sign and date the initial plan of care in accordance with form instructions; and

  (3) submit the initial plan of care, including all assessments, to HHSC within three business days after the SPT meeting and:

    (A) retain the original initial plan of care in the designated resident's LIDDA record; and

    (B) send a copy of the initial plan of care to each member of the SPT.

(e) If HHSC denies an IHSS for a designated resident, HHSC implements the fair hearings process in accordance with §368.602 of this chapter (relating to Fair Hearings).

(f) If HHSC authorizes an IHSS for a designated resident, the service provider agency must initiate IHSS in accordance with §368.401 of this chapter (relating to Service Initiation and Delivery).


Source Note: The provisions of this §368.204 adopted to be effective September 1, 2021, 46 TexReg 4151

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