Current through Reg. 50, No. 13; March 28, 2025
(a) If supported
home living, respite, nursing, employment assistance, supported employment,
cognitive rehabilitation therapy, or CFC PAS/HAB is included in an applicant's
PDP, and the applicant's PDP does not include residential support, supervised
living, or host home/companion care, the service coordinator must:
(1) inform the applicant or LAR of the
applicant's right to participate in the CDS option or discontinue participation
in the CDS option at any time, except as provided in 40 TAC §
41.405(a)
(relating to Suspension of Participation in the CDS Option);
(2) inform the applicant or LAR that the
applicant or LAR may choose to have supported home living, respite, nursing,
employment assistance, supported employment, cognitive rehabilitation therapy,
or CFC PAS/HAB provided through the CDS option;
(3) provide the applicant or LAR a copy of
the HHSC Consumer Directed Services Option Overview form, the HHSC Consumer
Directed Services Responsibilities form, and the HHSC Employee Qualification
Requirements form, which are found at the HHSC website and which contain
information about the CDS option, including a description of FMS and support
consultation;
(4) provide an oral
explanation of the information contained in the HHSC Consumer Directed Services
Option Overview form, the HHSC Consumer Directed Services Responsibilities
form, and the HHSC Employee Qualification Requirements form to the applicant or
LAR; and
(5) provide the applicant
or LAR the opportunity to choose to participate in the CDS option and document
the applicant's or LAR's choice on the HHSC Consumer Participation Choice form,
which is available on the HHSC website.
(b) If an applicant or LAR chooses to
participate in the CDS option, the service coordinator must:
(1) provide names and contact information to
the applicant or LAR regarding all FMSAs providing services in the LIDDA's
local service area;
(2) document
the applicant's or LAR's choice of FMSA on the Consumer Participation Choice
form;
(3) document, in the
individual's PDP, a description of the service provided through the CDS option;
and
(4) document, in the
individual's PDP, whether the service is critical to meeting the individual's
health and safety as determined by the service planning
team.
(c) For an
individual who is receiving supported home living, respite, nursing, employment
assistance, supported employment, cognitive rehabilitation therapy, or CFC
PAS/HAB, and is not receiving residential support, supervised living, or host
home/companion care, the service coordinator must, at least annually:
(1) inform the individual or LAR of the
individual's right to participate in the CDS option or discontinue
participation in the CDS option at any time;
(2) provide the individual or LAR a copy of
the Consumer Directed Services Option Overview, Consumer Directed Services
Responsibilities, and Employee Qualification Requirements forms, which are
available on the HHSC website and which contain information about the CDS
option, including FMS and support consultation;
(3) provide an oral explanation of the
information contained in the Consumer Directed Services Option Overview,
Consumer Directed Services Responsibilities and Employee Qualification
Requirements forms to the individual or LAR; and
(4) provide the individual or LAR the
opportunity to choose to participate in the CDS option and document the
individual's choice on the Consumer Participation Choice form, which is
available on the HHSC website.
(d) If an individual or LAR chooses to
participate in the CDS option, the service coordinator must:
(1) provide names and contact information to
the individual or LAR regarding all FMSAs providing services in the LIDDA's
local service area;
(2) document
the individual's or LAR's choice of FMSA on the Consumer Participation Choice
form;
(3) document, in the
individual's PDP, a description of the service provided through the CDS
option;
(4) document, in the
individual's PDP, whether the service is critical to meeting the individual's
health and safety as determined by the service planning team; and
(5) notify the program provider of the
individual's or LAR's decision to participate in the CDS
option.
(e) The service
coordinator must document in the individual's PDP that the information
described in subsections (c) and (d)(1) of this section was provided to the
individual or LAR.
(f) If an
individual's PDP includes supported home living to be delivered through the CDS
option, the service coordinator must develop, with the individual or LAR and
other members of the service planning team, a transportation plan.
(g) For an individual participating in the
CDS option, the service coordinator must recommend that HHSC terminate the
individual's participation in the CDS option (that is, terminate FMS and
support consultation) if the service coordinator determines that:
(1) the individual's continued participation
in the CDS option poses a significant risk to the individual's health or
safety; or
(2) the individual or
LAR has not complied with 40 TAC Chapter 41, Subchapter B (relating to
Responsibilities of Employers and Designated
Representatives).
(h) If
the service coordinator makes a recommendation in accordance with subsection
(g) of this section, the service coordinator must:
(1) document:
(A) a description of the service recommended
for termination;
(B) the reasons
why termination is recommended; and
(C) a description of the attempts to resolve
the issues before recommending termination;
(2) obtain other supporting documentation, as
appropriate; and
(3) if the
individual receives a service from the program provider, notify the program
provider that the IPC needs to be revised.
(i) Within seven calendar days after
notification in accordance with subsection (h)(3) of this section:
(1) the service planning team and the program
provider must comply with the requirements described in §
263.302(d)(2)(A) -
(D) of this chapter (relating to Renewal and
Revision of an IPC); and
(2) the
service coordinator must send the documentation described in subsection (h)(1)
and (2) of this section to HHSC.
