Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter E - ADDITIONAL PROGRAM REQUIREMENTS
Section 44.502 - Convening an IDT
Universal Citation: 40 TX Admin Code ยง 44.502
Current through Reg. 49, No. 38; September 20, 2024
(a) An IDT must include:
(1) the individual;
(2) a provider representative; and
(3) other persons as requested by the
individual.
(b) A provider must convene an IDT meeting:
(1)
within five working days after:
(A) an
individual accepts the provider's offer for an informal dispute resolution
process due to a service plan or co-payment disagreement, as described in
§
44.206
of this chapter (relating to Service Plan and Co-payment
Disagreements);
(B) the provider
determines it cannot provide services to an individual for any of the health
and safety reasons described in §44.301(c)(2) - (4) of this chapter
(relating to Initiation of Services); or
(C) the provider identifies the need to
discuss with the individual a service delivery issue that prevents the provider
from carrying out a provider responsibility described in this
chapter;
(2) as
described in §
44.308(e)
of this chapter (relating to Suspension of Services); or
(3) as described in § 44.443 of this
chapter (relating to Provider and Individual Responsibilities in the CDS Option
Related to HHSC Investigations When an Alleged Perpetrator is an Attendant or
Substitute Attendant) and § 44.444 of this chapter (relating to Provider
and Individual Responsibilities in the CDS Option Related to HHSC
Investigations When an Alleged Perpetrator is a Staff Person or a Controlling
Person of a Provider).
(c) If a provider is unable to convene an IDT meeting with all the members described in subsection (a) of this section, the provider must:
(1) convene the IDT meeting
with the available members;
(2)
send documentation of the IDT meeting to the individual; and
(3) document in the individual's record the
provider's efforts to convene an IDT meeting with all the members described in
subsection (a) of this section.
(d) The IDT must:
(1) meet by telephone conference call or in
person;
(2) discuss the specific
reason for conducting the IDT meeting;
(3) identify any possible solutions to
resolve the specific reason for the meeting; and
(4) make recommendations to the provider and
the individual.
(e) Within two working days after an IDT meeting, a provider must:
(1) document:
(A) the specific reason for calling the IDT
meeting;
(B) the names of the IDT
members attending the meeting;
(C)
the recommendations of the IDT to the provider and the individual;
and
(D) the actions to be taken or
that have been taken by the provider or the individual;
(2) provide a written copy of the
documentation to the individual; and
(3) notify the individual of the right to
request a fair hearing, as provided by §
44.503 of
this subchapter (relating to Fair Hearing), if an action to be taken or that
has been taken by the provider denies, reduces, or terminates the individual's
services.
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