Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter E - ELIGIBILITY, ENROLLMENT AND REVIEW
Section 261.237 - Level of Care

(a) An LOC for a person must be requested from the department by electronically transmitting a completed MR/RC Assessment, indicating the recommended LOC, to the department. The electronically transmitted MR/RC Assessment must contain information identical to the information on the signed MR/RC Assessment described in subsection (b) of this section.

(b) Information on the MR/RC Assessment must be supported by current data obtained from standardized evaluations and formal assessments that measure physical, emotional, social, and cognitive factors. A paper copy of the person's signed MR/RC Assessment and documentation supporting the recommended LOC must be maintained in the person's record.

(c) The department will make an LOC determination in accordance with § 261.238 of this chapter (relating to ICF/MR LOC I Criteria) and § 261.239 of this chapter (relating to ICF/MR LOC VIII) based on the department's review of information reported on the person's MR/RC Assessment.

(d) The department will notify the requestor electronically if the LOC is authorized. The department will send written notification to the requestor and the person or LAR if the LOC is denied.

(e) An initial LOC is valid for 180 days after its effective date.

(f) The effective date of a person's initial LOC is the date requested by the MRA, which may be no earlier than 30 days prior to the date the person's MR/RC Assessment is electronically transmitted to the department.