Current through Reg. 50, No. 13; March 28, 2025
(a) If an individual or legally authorized
representative (LAR) requests residential services in a residential care
facility, the designated LIDDA must provide an oral and written explanation of
the residential services and supports for which the individual may be eligible,
as described in Texas Administrative Code (TAC) Title 40 §2.307(b)(2)
(relating to Access, Intake, and Enrollment Related Responsibilities
).
(b) If the LIDDA's IDT
determines that an applicant meets the criteria for residential services in a
residential care facility or if a court orders an individual committed to
residential care facility, as described in §
904.25 of this subchapter
(relating to Criteria for Commitment, Commitment for Residential Services
Without an Interdisciplinary Team Recommendation, and Regular Voluntary
Admission of an Adult to a Residential Care Facility Under the PIDA) or, as
described in §
904.29 of this subchapter
(relating to Criteria for Commitment and Commitment for Residential Services
Without an Interdisciplinary Team Recommendation of a Minor to a Residential
Care Facility Under the PIDA), the LIDDA:
(1)
notifies the applicant or LAR in writing, if applicable;
(2) contacts the residential care facility
serving the area in which the applicant lives or, if the applicant is
requesting an interstate transfer, the area in which the individual's LAR or
family lives or intends to live;
(3) contacts the interstate compact
coordinator at HHSC, if the applicant is requesting an interstate
transfer;
(4) compiles and submits
all information required to complete an application packet, as described in
subsection (i) of this section; and
(5) opens an assignment in the HHSC data
system indicating the applicant is waiting for services in a residential care
facility.
(c) If the
LIDDA's IDT determines that the applicant does not meet the criteria for
commitment or regular voluntary admission to a residential care facility, as
described in this subchapter, the LIDDA:
(1)
notifies the applicant or LAR in writing of the determination and explains the
procedure for the applicant or LAR to request a review of the IDT's
determination by the LIDDA in accordance with §
301.155 of this title (relating to
Notification and Appeals Process); or
(2) if the applicant requests an interstate
transfer, notifies the interstate compact coordinator in writing of the
determination.
(d) If a
review by the LIDDA of the IDT's determination results in the determination
being upheld, the LIDDA informs the applicant or LAR in writing that they may
request a review by HHSC's Intellectual or Developmental Disability (IDD)
ombudsman by calling 1-800-252-8154 or they can visit the HHSC website for
additional contact information for the IDD Ombudsman.
(e) If the applicant or LAR requests a
review, HHSC's IDD ombudsman reviews relevant documentation provided by the
applicant and LAR, the IDT, and the LIDDA, and determines if the processes
described in this subchapter were followed.
(1) The ombudsman issues a written decision
to the applicant, the applicant's LAR, and the LIDDA within 14 calendar days of
the request.
(2) If the ombudsman
decides that the processes in this subchapter were followed, the ombudsman
provides information about other services the individual may be eligible for,
including who to contact to place the applicant on interest lists.
(3) If the ombudsman decides that the
processes in this subchapter were not followed, the LIDDA must take action to
follow the processes in this subchapter.
(f) If the guardian of an adult petitions the
court to issue a commitment order per THSC §§593.041, 593.0511, and
593.052, and the court issues the commitment order, the guardian must notify
the LIDDA and provides a copy of the commitment order to the LIDDA.
(g) If the LIDDA determines that an applicant
meets the criteria described in §904.37 of this subchapter (relating to
Criteria for Emergency Admission of an Adult or a Minor to a State MR Facility
Under the PMRA) or §904.39 of this subchapter (relating to Criteria for
Admission of an Adult or a Minor to a State MR Facility for Respite Care Under
the PMRA), the LIDDA:
(1) contacts the
residential care facility serving the area in which the applicant
lives;
(2) compiles all of the
information required to complete an application packet, as described in
subsection (j) or (k) of this section, as appropriate; and
(3) requests the applicant's enrollment in
the Intermediate Care Facilities for Individuals with an Intellectual
Disability or Related Conditions Program, as described in §
261.244(e) of
this title (relating to Applicant Enrollment in the ICF/MR Program), if
appropriate.
(h) The
guardian must assist the LIDDA in compiling the information required to
complete an application packet.
(i)
A complete application packet, as referenced in subsection (b)(4) of this
section, must include:
(1) the original order
of commitment, if applicable;
(2) a
completed Form 8654, State Supported Living Center (SSLC) Admission
Application, including signature of the applicant, if the applicant is able to
sign, or the applicant's LAR, if applicable (Form 8654 is available on the HHSC
website);
(3) a Determination of
Intellectual Disability (DID) report with statement that the applicant has an
intellectual disability, in accordance with §
304.402 of this title (relating to
The Determination of Intellectual Disability Report);
(4) a completed ICAP booklet and Intellectual
Disability and Related Conditions (ID/RC) Assessment form;
(5) an IDT report completed, as described in
§
904.43 of this subchapter
(relating to LIDDA IDT Recommendation Concerning the Commitment of an Adult or
a Minor or the Regular Voluntary Admission of an Adult to a Residential Care
Facility Under the PIDA) recommending the commitment or regular voluntary
admission of the applicant to a residential care facility, unless the applicant
is court committed, as described in §
904.25(b) of
this subchapter or §904.29(e);
(6) copies of available psychological,
medical, and social histories for the applicant;
(7) a copy of any divorce decree pertaining
to the applicant;
(8) any legal
document dealing with the custody of a minor;
(9) current letters of guardianship, order
appointing a guardian, and related orders, if the applicant has a
guardian;
(10) a copy of any will
naming the applicant as a devisee;
(11) a certified copy of the applicant's
birth certificate;
(12) a copy of
the applicant's immunization record;
(13) a copy of the applicant's social
security card;
(14) a copy of the
applicant's Medicare and Medicaid card (if applicable);
(15) any record regarding care and treatment
of the individual in a state mental health facility or a psychiatric
hospital;
(16) for the applicant
who is school eligible, the Admission, Review and Dismissal Committee report,
Individual Education Plan, and Comprehensive Assessment;
(17) for the applicant who is a minor,
results of the CRCG or LIDDA staffing held, as described in §
904.29(c)(1) of
this subchapter;
(18) for the
applicant under 22 years of age, results of the LIDDA's permanency planning
process, as described in §904.171(a) of this chapter (relating to MRA and
State MR Facility Responsibilities); and
(19) any documents concerning the applicant's
immigration status.
(j) A
complete application packet for emergency admission of an individual, as
referenced in subsection (g)(2) of this section, must include:
(1) a completed Form 8654, State Supported
Living Center (SSLC) Admission Application, including signature of the
applicant, if the applicant is able to sign, or the applicant's LAR, if
applicable (Form 8654 is available on the HHSC website);
(2) a written request from the LIDDA for the
emergency admission of the applicant;
(3) documentation:
(A) describing the persuasive evidence that
the individual has an intellectual disability;
(B) of the reasons supporting the
individual's urgent need for the emergency admission, including the
circumstances precipitating the need for the emergency admission;
(C) of the expected outcomes from the
emergency admission; and
(D) that
the requested relief can be provided by the residential care facility within a
year after the individual is admitted;
(4) a copy of any divorce decree pertaining
to the individual;
(5) any legal
document dealing with the custody of a minor;
(6) current letters of guardianship, order
appointing a guardian and related orders, if the individual has a
guardian;
(7) a certified copy of
the applicant's birth certificate;
(8) a copy of the applicant's immunization
record;
(9) a copy of the
applicant's social security card;
(10) a copy of the applicant's Medicare and
Medicaid card (if applicable);
(11)
for the applicant who is school eligible, the Admission, Review and Dismissal
Committee report, Individual Education Plan, and Comprehensive
Assessment;
(12) for the applicant
who is a minor, the results of the CRCG or LIDDA staffing held, as described in
§
904.29(c)(1) of
this subchapter;
(13) for the
applicant under 22 years of age, results of the LIDDA's permanency planning
process, as described in §904.171(a) of this chapter;
(14) any record regarding care and treatment
of the individual in a state mental health facility or a psychiatric
hospital;
(15) any documents
concerning the applicant's immigration status; and
(16) if requested by HHSC:
(A) a DID report with a statement that the
applicant has an intellectual disability, in accordance with §
304.402 of this title (relating to
The Determination of Intellectual Disability Report); and
(B) a completed ICAP booklet and ID/RC
Assessment form.
(k) A complete application packet for
admission of an individual for respite care, as referenced in subsection (g)(2)
of this section, must include:
(1) a
completed Form 8654, State Supported Living Center (SSLC) Admission
Application, including signature of the applicant, if the applicant is able to
sign, or the applicant's LAR, if applicable (Form 8654 is available on the HHSC
website);
(2) a written request
from the LIDDA for the admission of the applicant for respite care;
(3) documentation:
(A) describing the persuasive evidence that
the individual has an intellectual disability;
(B) of the reasons why the individual or the
individual's family urgently requires respite care; and
(C) that the requested assistance or relief
can be provided by the residential care facility within a period not to exceed
30 calendar days after the date of admission;
(4) a copy of any divorce decree pertaining
to the individual;
(5) any legal
document dealing with the custody of a minor;
(6) current letters of guardianship, order
appointing a guardian and related orders, if the individual has a
guardian;
(7) a certified copy of
the applicant's birth certificate;
(8) a copy of the applicant's immunization
record;
(9) a copy of the
applicant's social security card;
(10) a copy of the applicant's Medicare and
Medicaid card (if applicable);
(11)
for the applicant who is school eligible, the Admission, Review and Dismissal
Committee report, Individual Education Plan, and Comprehensive
Assessment;
(12) any documents
concerning the applicant's immigration status; and
(13) if requested by HHSC:
(A) a DID report with a statement that the
applicant has an intellectual disability in accordance with §
304.402 of this title;
and
(B) a completed ICAP booklet
and ID/RC Assessment form.
