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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER BELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 4SERVICE BACKUP PLANS
RULE §45.231Service Backup Plans

(a) If an individual's IPC includes registered nursing, licensed vocational nursing, specialized registered nursing, specialized licensed vocational nursing, habilitation, or CFC PAS/HAB, the case manager must ensure that:

  (1) the service planning team determines whether the service is critical to the individual's health and safety; and

  (2) the IPC identifies whether the service is critical to the individual's health and safety, as determined by the service planning team.

(b) If an individual's IPC includes registered nursing, licensed vocational nursing, specialized registered nursing, specialized licensed vocational nursing, habilitation, or CFC PAS/HAB, and identifies any of those services as critical to meeting the individual's health and safety, the DSA must:

  (1) develop with input from the service planning team a service backup plan for each service identified as critical using DADS Provider Agency Model Service Backup Plan form; and

  (2) ensure that if the action in the service backup plan identifies a natural support, that the natural support receives pertinent information about the individual's needs and is able to protect the individual's health and safety.

(c) If the service backup plan is implemented, the DSA must:

  (1) discuss the implementation of the service backup plan with the individual and the service providers or natural supports identified in the service backup plan to determine whether or not the plan was effective;

  (2) document whether or not the plan was effective; and

  (3) revise the plan with input from the service planning team if the DSA determines the plan was ineffective.

(d) Requirements regarding service backup plans for individuals receiving services through the CDS option are described in Chapter 41 of this title (relating to Consumer Directed Services Option).


Source Note: The provisions of this §45.231 adopted to be effective July 1, 2015, 40 TexReg 2768; amended to be effective March 20, 2016, 41 TexReg 1952

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