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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER BELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 3REVIEW
RULE §260.77Renewal and Revision of an IPP and IPC

(a) Case manager's review.

  (1) Beginning the effective date of an individual's IPC, as determined in accordance with §260.69(j) of this subchapter (relating to HHSC's Review of Request for Enrollment), a case manager must, in accordance with the schedule in the Deaf Blind with Multiple Disabilities Program Manual, meet with the individual and LAR in person at a time convenient to the individual and LAR in the individual's home, or if requested by the individual or LAR, in another location to:

    (A) review whether the DBMD Program services and CFC services are being provided in accordance with the IPC and IPP;

    (B) review the individual's progress toward achieving the goals and outcomes described in the IPP for each service listed on the individual's IPC;

    (C) determine if the services are meeting the individual's needs;

    (D) determine if the individual's needs have changed;

    (E) review assessments, evaluations, and progress notes prepared by service providers since the previous review;

    (F) if the individual's IPC includes nursing, intervener services, or CFC PAS/HAB, and none of these services are identified as critical to the individual's health and safety, discuss with the individual or LAR whether any of these services may now be critical to the individual's health and safety and needs a service backup plan; and

    (G) if the individual has a service backup plan for nursing, intervener services, or CFC PAS/HAB, discuss with the individual or LAR:

      (i) whether the service backup plan, if implemented, was effective;

      (ii) whether the service backup plan needs to be revised; and

      (iii) whether the service backup plan needs to be discontinued because the service is no longer critical to the individual's health and safety.

  (2) A case manager must:

    (A) document the results of a meeting described in paragraph (1) of this subsection in the individual's record using the HHSC IPP Service Review form or a form the program provider develops that includes the information on the HHSC form;

    (B) document on the HHSC IPP Service Review form or a form the program provider developed:

      (i) if nursing, intervener services, or CFC PAS/HAB has become critical to the individual's health and safety, and the individual does not have a service backup plan for the service, that the individual now needs a service backup plan for nursing, intervener services, or CFC PAS/HAB; and

      (ii) if the individual has a service backup plan for nursing, intervener services, or CFC PAS/HAB, document on the IPP review form that:

        (I) the service planning team did not revise the service backup plan because it was effective;

        (II) the service planning team revised the service backup plan to address any problems or concerns regarding implementation of the service backup plan; or

        (III) the service planning team discontinued the service backup plan because the service is no longer critical to the individual's health and safety;

    (C) ensure the individual or LAR signs and dates the IPP review form; and

    (D) provide a copy of the completed HHSC IPP Service Review form or a form the program provider developed to the individual or LAR within 10 business days after the date of the meeting described in paragraph (1) of this subsection.

  (3) A case manager, no later than five business days after the date of a meeting described in paragraph (1) of this subsection, must convene a service planning team meeting:

    (A) if the case manager:

      (i) identifies needed changes in the individual's services; or

      (ii) determines that nursing, intervener services, or CFC PAS/HAB services may now be critical to the individual's health and safety, as described in paragraph (1)(F) of this subsection, or that the service backup plan was ineffective, as described in paragraph (1)(G) of this subsection;

    (B) if the individual or LAR requests a revision of the IPP or IPC; or

    (C) if the service planning team determines that any of the requirements in §260.403(a)(1) - (6) of this chapter (relating to Requirements for Program Provider-Owned Residential Settings) must be modified.

  (4) During a service planning team meeting described in paragraph (3) of this subsection, using the person-centered planning process, a case manager must:

    (A) develop a revised IPP that meets the requirements described in §260.65 of this subchapter (relating to Development of an Enrollment IPP);

    (B) develop a proposed revised IPC that meets the requirements described in §260.67(a)(1) and (b) of this subchapter (relating to Development of a Proposed Enrollment IPC); and

    (C) if:

      (i) the proposed revised IPC includes transportation provided as a residential habilitation activity or as an adaptive aid, develop an individual transportation plan; and

      (ii) the proposed revised IPC includes nursing, intervener services, or CFC PAS/HAB services, ensure compliance with §260.213 of this chapter (relating to Service Backup Plans).

  (5) A case manager must:

    (A) ensure the revised IPP and proposed revised IPC is signed and dated by each member of the service planning team; and

    (B) no later than 10 business days after the date of the service planning team meeting, submit to HHSC:

      (i) a copy of the signed and dated proposed revised IPC ;

      (ii) a copy of the signed and dated revision IPP;

      (iii) an individual transportation plan, if required by paragraph (4)(C)(i) of this subsection;

      (iv) an HHSC Rationale for Adaptive Aids, Medical Supplies, and Minor Home Modifications form, if required by §260.303 of this chapter (relating to Requirements for Authorization to Purchase or Lease an Adaptive Aid), §260.317 of this chapter (relating to Requesting Authorization to Purchase a Minor Home Modification that Costs Less than $1,000), or §260.319 of this chapter (relating to Requesting Authorization to Purchase a Minor Home Modification that Costs $1,000 or More);

      (v) an HHSC Specifications for Minor Home Modifications form, if required by §260.321 of this chapter (relating to Specifications for a Minor Home Modification);

      (vi) an HHSC Prior Authorization for Dental Services form, if required by §260.339 of this chapter (relating to Dental Treatment); and

      (vii) an HHSC Specialized Nursing Certification form, if required by §260.347 of this chapter (relating to Nursing).

(b) Annual review by the service planning team.

  (1) No more than 90 calendar days before the end of an individual's IPC period:

    (A) the case manager must complete an ID/RC Assessment;

    (B) an RN must complete an annual nursing assessment of the individual using the HHSC CLASS/DBMD Nursing Assessment form;

    (C) an RN or the case manager must complete a Related Conditions Eligibility Screening Instrument;

    (D) the case manager or an appropriate professional described in the assessment instructions must complete an adaptive behavior screening assessment:

      (i) if at least five years have passed after the date of the most current assessment; or

      (ii) if significant changes have occurred in the individual's functioning;

    (E) the case manager must convene an in-person meeting of the service planning team to:

      (i) review the HHSC CLASS/DBMD Nursing Assessment form completed by the RN;

      (ii) address any information included in Addendum E of the HHSC CLASS/DBMD Nursing Assessment form, Recommendations/Coordination of Care, to ensure the individual's needs are met;

      (iii) document on the HHSC CLASS/DBMD Coordination of Care form how the information in Addendum E of the HHSC CLASS/DBMD Nursing Assessment form was addressed;

      (iv) develop a renewal IPP that meets the requirements in §260.65 of this subchapter;

      (v) develop a proposed renewal IPC that meets the requirements described in §260.67(a)(1) and (b) of this subchapter;

      (vi) develop the following if the proposed renewal IPC:

        (I) includes transportation provided as a residential habilitation activity or as an adaptive aid, develop an individual transportation plan; or

Cont'd...

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