Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter B - ELIGIBILITY, ENROLLMENT, AND REVIEW
Division 4 - SERVICE BACKUP PLANS
Section 259.89 - Service Backup Plans

Universal Citation: 26 TX Admin Code ยง 259.89

Current through Reg. 49, No. 38; September 20, 2024

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

(1) the service planning team determines whether nursing or CFC PAS/HAB is critical to the individual's health and safety;

(2) the individual's IPC identifies whether nursing or CFC PAS/HAB is critical to the individual's health and safety; and

(3) the service planning team develops a service backup plan for each service identified as critical using the HHSC Provider Agency Model Service Backup Plan form, unless the service will be provided through the CDS option.

(b) A case manager must ensure that:

(1) a service backup plan developed in accordance with subsection (a)(3) of this section addresses any risk that might exist to the health and safety of the individual; and

(2) if an action listed in the service backup plan includes the use of a natural support, the natural support receives pertinent information about the individual's needs and is able to protect the individual's health and safety.

(c) If a service backup plan is implemented, a 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 for developing a service backup plan for an individual receiving nursing or CFC PAS/HAB through the CDS option are described in 40 TAC § 41.217(relating to Employer Responsibilities Regarding Service Backup Plan).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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