Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013 Page: 4,881
4821-4956 p. ; 28 cm.View a full description of this periodical.
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(g) A local authority [An MRA] must ensure that an individual
or LAR is informed orally and in writing of the following processes for
filing complaints about service provision:
(1) processes for filing complaints with the local authority
[MRA] about the provision of service coordination; and
(2) processes for filing complaints about the provision of
TxHmL Program services including:
(A) the telephone number of the local authority [MRA]
to file a complaint;
(B) the toll-free telephone number of DADS to file a
complaint; and
(C) the toll-free telephone number of DFPS
(1-800-647-7418) to file a complaint of abuse, neglect, or exploitation.
(h) A local authority [An MRA] must maintain for each indi-
vidual:
(1) a current IPC;
(2) a current PDP;
(3) a current ID/RC [MR/RG] Assessment; and
(4) current service information.
(i) For an individual receiving TxHmL Program services
within the local authority's [MRA's] local service area, the local au-
thority [MRA] must provide the individual's program provider a copy
of the individual's current PDP, IPC, and ID/RC [MRIRC] Assessment.
(j) A local authority [An MRA] must employ service coordi-
nators who:
(1) meet the minimum qualifications and staff training re-
quirements specified in Chapter 2, Subchapter L of this title (relating
to Service Coordination for Individuals with an Intellectual Disability
[Mental Retardation]); and
(2) have received training about the TxHmL Program, in-
cluding the requirements of this subchapter and the TxHmL Program
service components as specified in 9.555 of this subchapter (relating
to Definitions of TxHmL Program Service Components).
(k) A local authority [An MRA] must ensure that a service
coordinator:
(1) initiates, coordinates, and facilitates the person-di-
rected planning process to meet the desires and needs as identified by
an individual and LAR in the individual's PDP;
(2) coordinates the development and implementation of the
individual's PDP;
(3) submits a correctly completed request for authorization
of payment from non-TxHmL Program sources for which an individual
may be eligible;
(4) coordinates and develops an individual's IPC based on
the individual's PDP;
(5) coordinates and monitors the delivery of TxHmL Pro-
gram and non-TxHmL Program services;
(6) integrates various aspects of services delivered under
the TxHmL Program and through non-TxHmL Program sources;
(7) records each individual's progress;
(8) develops discharge and transfer plans, when necessary;
and(9) keeps records as they pertain to the implementation of
an individual's PDP.
(1) A local authority [An MRA] must ensure that an individual
or LAR is informed of the name of the individual's service coordinator
and how to contact the service coordinator.
(m) A service coordinator must:
(1) assist the individual or LAR in exercising the legal
rights of the individual as a citizen and as a person with a disability;
(2) assist the individual's LAR or family members to en-
courage the individual to exercise the individual's rights;
(3) inform the individual or LAR orally and in writing of:
(A) the eligibility criteria for participation in the
TxHmL Program;
(B) the services and supports provided by the TxHmL
Program and the limits of those services and supports; and
(C) the reasons an individual may be discharged from
the TxHmL Program as described in 9.570 of this subchapter (relating
to Permanent Discharge from the TxHmL Program Services);
(4) ensure that the individual and LAR participate in devel-
oping a personalized PDP and IPC that meet the individual's identified
needs and service outcomes and that the individual's PDP is updated
when the individual's needs or outcomes change but not less than an-
nually;
(5) ensure that a restriction affecting the individual is ap-
proved by the individual's service planning team before the imposition
of the restriction;
(6) if notified by the program provider that an individual or
LAR has refused a nursing assessment and that the program provider
has determined that it cannot ensure the individual's health, safety, and
welfare in the provision of a service as described in 9.578(s) of this
subchapter (relating to Program Provider Certification Principles: Ser-
vice Delivery), a service coordinator must:
(A) inform the individual or LAR of the consequences
and risks of refusing the assessment, including that the refusal will re-
sult in the individual not receiving:
(i) nursing services; or
(ii) community support, day habilitation, employ-
ment assistance, supported employment, or respite, if the individual
needs one of those services and the program provider has determined
that it cannot ensure the health, safety, and welfare of the individual
in the provision of the service; and
(B) notify the program provider if the individual or
LAR continues to refuse the assessment after the discussion with the
service coordinator;
(7) [(6)] ensure that the individual or LAR is informed of
decisions regarding denial or termination of services and the individ-
ual's or LAR's right to request a fair hearing as described in 9.571 of
this subchapter (relating to Fair Hearings);
(8) [(7-)] ensure that, if needed, the individual or LAR par-
ticipates in developing a discharge plan that addresses assistance for
the individual after the individual is discharged from the TxHmL Pro-
gram; and
(9) [(8)] inform the individual or LAR that the service co-
ordinator will assist the individual or LAR to transfer the individual'sPROPOSED RULES August 2, 2013 38 TexReg 4881
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Texas. Secretary of State. Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013, periodical, August 2, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326805/m1/61/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.