Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013 Page: 4,882
4821-4956 p. ; 28 cm.View a full description of this periodical.
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TxHmL Program services from one program provider to another pro-
gram provider as chosen by the individual or LAR.
(n) When a change to an individual's PDP or IPC is indi-
cated [oeurs or is needed], the service coordinator must discuss
communicatee] the need for the change with [t] the individual or
LAR, the individual's program provider, and other appropriate persons
as necessary.
(o) At least 30 calendar days before the expiration of an indi-
vidual's IPC, the service coordinator must:
(1) update the individual's PDP in conjunction with the in-
dividual's service planning team; and
(2) submit the updated information to the program provider
for completion of necessary support methodologies to be incorporated
in the updated PDP.
(p) A service coordinator must:
(1) review the status of an individual who is temporarily
discharged at least every 90 calendar days following the effective date
of the temporary discharge and document in the individual's record the
reasons for continuing the discharge; and
(2) if the temporary discharge continues 270 calendar days,
submit written documentation of the 90, 180, and 270 calendar day
reviews to DADS for review and approval to continue the temporary
discharge status.
(q) A service coordinator must:
(1) inform the individual or LAR orally and in writing, of
the requirements described in subsection (m) of this section:
(A) upon receipt of DADS approval of the enrollment
of the individual;
(B) if the requirements described in subsection (m) of
this section are revised;
(C) at the request of the individual or LAR; and
(D) if the legal status of the individual changes; and
(2) document that the information described in paragraph
(1) of this subsection was provided to the individual or LAR.
(r) A service coordinator must, at least annually:
(1) inform the individual or LAR of the individual's right
to participate in CDS and discontinue participation in CDS at any time,
except as provided in 41.405(a) of this title (relating to Suspension of
Participation in the CDS Option);
(2) provide the individual or LAR a copy of Forms
1581, 1582, and 1583, which are available at www.dads.state.tx.us
[http://www.dads.state.tx.ushandbooks/forms/default.asp?HBCDS],
and which contain information about CDS, including financial man-
agement services and support consultation;
(3) provide an oral explanation of the information con-
tained in Forms 1581, 1582, and 1583 to the individual or LAR; and
(4) provide the individual or LAR the opportunity
to choose to participate in CDS and document the individual's
choice on Form 1584, which is available at www.dads.state.tx.us
[htp ://www. dads. state, tx. us/han dbooks/forms/default" asp ?HB=CD S].(s) If an individual or LAR chooses to participate in CDS, the
service coordinator must:
(1) provide names and contact information to the individ-
ual or LAR regarding all CDSAs providing services in the local author-
ity's [MRA's] local service area;
(2) document the individual's or LAR's choice of CDSA on
Form 1584;
(3) document, in the individual's PDP, a description of the
service components provided through CDS; and
(4) document, in the individual's PDP, a description of the
individual's service back-up plan.
(t) The service coordinator must document in the individual's
PDP that the information described in subsections (r) and (s)(1) of this
section was provided to the individual or LAR.
(u) For an individual participating in CDS, the local authority
[MRA] must recommend to DADS that financial management services
and support consultation, if applicable, be terminated if the service co-
ordinator determines that:
(1) the individual's continued participation in CDS poses a
significant risk to the individual's health, safety or welfare; or
(2) the individual or LAR has not complied with Chapter
41, Subchapter B of this title (relating to Responsibilities of Employers
and Designated Representatives).
(v) If a local authority [an MRA] makes a recommendation
under subsection (u) of this section, the local authority [MRA] must:
(1) submit the individual's IPC to DADS electronically;
and
(2) submit the following, in writing, to the Department of
Aging and Disability Services, Access and Intake, Program Enroll-
ment, P.O. Box 149030, Mail Code W-551 [W-354], Austin, Texas
78714-9030:mination;
(A) a description of the service recommended for ter-
(B) the reasons why termination is recommended;
(C) a description of the attempts to resolve the issues
before recommending termination; and
(D) other supporting documentation, as appropriate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 17, 2013.
TRD-201302932
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: September 1, 2013
For further information, please call: (512) 438-416238 TexReg 4882 August 2, 2013 Texas Register
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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/m1/62/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.