reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.669 - Competency of Employees and Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) Each local authority, community center,
				  and contractor shall ensure that all employees and agents demonstrate a
				  thorough understanding of the relevant elements of reporting, investigating,
				  and preventing abuse, neglect, and exploitation, before contact with persons
				  served and annually thereafter. The relevant elements of reporting,
				  investigating, and preventing abuse, neglect, and exploitation include:
(1) the acts and signs of possible abuse,
				  neglect, and exploitation;
(2) the
				  prohibition of abuse, neglect, and exploitation of persons served;
(3) the disciplinary consequences for:
(A) committing abuse, neglect, and
				  exploitation;
(B) failing to report
				  abuse, neglect, or exploitation; and
(C) failing to cooperate with an
				  investigation;
(4) the
				  procedures for reporting allegations of abuse, neglect, and
				  exploitation;
(5) the prohibition
				  of retaliatory action and the consequences for engaging in retaliatory
				  action;
(6) the methods for
				  preventing abuse, neglect, and exploitation; and
(7) memoranda of understanding and rules of
				  investigatory agencies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.671 - TDMHMR Oversight Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The Office of Consumer Services and Rights Protection -
					 Ombudsman in TDMHMR's Central Office is responsible for the maintenance of
					 systems that provide statistical trends in abuse, neglect, and exploitation in
					 local authorities and community centers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.673 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
The following exhibits are referenced in this
					 subchapter:
(1) Exhibit A--CANRS
				  Definitions;
(2) Exhibit
				  B--"Guidelines for Securing Evidence";
(3) Exhibit C--a copy of the Texas Civil
				  Practice and Remedies Code, §
										81.001 and §
										81.006;
(4) Exhibit D--CANRS
				  Classifications;
(5) Exhibit
				  E--Client Abuse and Neglect Report form (AN-1-A); and
(6) Exhibit F--a copy of
				  42 USC
				  §10805, §
										10806, and
				  §
										6042(a)(2)(I).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.675 - References

Current through Reg. 49, No. 28; July 12, 2024
Reference is made to the following statutes and
					 rules:
(1) Texas Health and Safety
				  Code, Chapter 534, Subchapter A, and §533.035(a);
(2) Texas Civil Practices and Remedies Code,
				  Chapter 81;
(3) Human Resources
				  Code, §
										48.255(c);
(4)
										42 USC
				  §10805, §
										10806, and
				  §
										6042(a)(2)(I);
				  and
(5) Texas Administrative Code,
				  Title 40, Chapter 711 (relating to Investigations in TDMHMR Facilities and
				  Related Programs).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.677 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  shall be distributed to:
(1) members of the
				  Texas MHMR Board;
(2) investigatory
				  agencies;
(3) executive,
				  management, and program staff of Central Office;
(4) administrators of all local authorities
				  and community centers; and
(5)
				  advocacy organizations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 302 - IDD-BH TRAINING › Subchapter A - MENTAL HEALTH FIRST AID › Section 302.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to set
				  forth the standards and provide the criteria for mental health first aid (MHFA)
				  training provided by a local mental health authority (LMHA) and a local
				  behavioral health authority (LBHA) for their respective contractors, public
				  school district employees, higher education employees, and community members
				  located within an LMHA and an LBHA service area, as required by Texas Health
				  and Safety Code, Chapter 1001, Subchapter H, §§1001.201 -
				  1001.206.
(b) The MHFA curriculum
				  is owned and updated by the National Council for Behavioral Health.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 302 - IDD-BH TRAINING › Subchapter A - MENTAL HEALTH FIRST AID › Section 302.3 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to local mental health authorities
					 and local behavioral health authorities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 302 - IDD-BH TRAINING › Subchapter A - MENTAL HEALTH FIRST AID › Section 302.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Educator--A person who
				  is required to hold a certificate issued under the Education Code, Subchapter
				  B, Chapter 21, specifically; a teacher, teacher intern or teacher trainee,
				  librarian, educational aide, administrator, educational diagnostician, school
				  nurse, or school counselor.
(2)
				  HHSC--Texas Health and Human Services Commission or its designee.
(3) Local behavioral health authority
				  (LBHA)--An entity designated as a local behavioral health authority by HHSC in
				  accordance with Texas Health and Safety Code, §
										533.0356.
(4) Local mental health authority (LMHA)--An
				  entity designated as the local mental health authority by HHSC in accordance
				  with Texas Health and Safety Code, §
										531.002(a)
				  and §
										533.035.
(5) Mental health first aid
				  (MHFA)--The assistance provided to a person who is developing a mental health
				  issue or who is experiencing a mental health crisis until appropriate
				  professional treatment is received or until the crisis resolves.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 302 - IDD-BH TRAINING › Subchapter A - MENTAL HEALTH FIRST AID › Section 302.7 - Mental Health First Aid Training Protocols

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person approved to train local mental
				  health authority (LMHA) and local behavioral health authority (LBHA) employees
				  or contractors as mental health first aid (MHFA) trainers shall be qualified ,
				  pursuant to Texas Health and Safety Code, §
										1001.202(d),
				  to provide training in:
(1) the potential risk
				  factors and warning signs for various mental illnesses, including depression,
				  anxiety, trauma, psychosis, eating disorders, substance abuse disorders, and
				  self-injury;
(2) the prevalence of
				  various mental illnesses in the United States and the need to reduce the stigma
				  associated with mental illness;
(3)
				  an action plan used by employees or contractors that involves the use of
				  skills, resources, and knowledge to assess a situation and develop and
				  implement an appropriate intervention to assist a person experiencing a mental
				  health crisis to obtain appropriate, professional care; and
(4) the evidence-based professional, peer,
				  social, and self-help resources available to help individuals with mental
				  illness.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 302 - IDD-BH TRAINING › Subchapter A - MENTAL HEALTH FIRST AID › Section 302.9 - Local Mental Health Authority and Local Behavioral Health Authority Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The local
				  mental health authorities (LMHAs) and local behavioral health authorities
				  (LBHAs) are responsible for ensuring their contractors provide mental health
				  first aid (MHFA) training to educators and non-educators consistent with the
				  MHFA protocol, as required by Texas Health and Safety Code, §
										1001.203(d).
(b) An MHFA training must:
(1) be conducted by a person trained as an
				  MHFA trainer;
(2) provide
				  participants with the skills necessary to help an individual experiencing a
				  mental health crisis until the individual is able to obtain appropriate
				  professional care; and
(3) include:
(A) instruction in a five-step strategy for
				  helping an individual experiencing a mental health crisis, including assessing
				  risk, listening respectfully to and supporting the individual, and identifying
				  professional help and other supports for the individual;
(B) an introduction to the risk factors and
				  warning signs for mental illness and substance abuse problems;
(C) experiential activities to increase
				  participants' understanding of the impact of mental illness on individuals and
				  families; and
(D) a presentation of
				  evidence-supported treatment and self-help strategies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter A - GENERAL PROVISIONS › Section 303.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to:
(1) describe the responsibilities of a LIDDA,
				  LMHA, and LBHA related to PASRR, to ensure that:
(A) an individual seeking admission to a NF
				  or a resident of a NF receives a PL 1 to identify whether the individual or
				  resident is suspected of having MI, ID, or DD; and
(B) an individual seeking admission to a NF
				  or resident suspected of having MI, ID, or DD receives a PE or resident review
				  to confirm MI, ID, or DD and, if confirmed, to evaluate whether the individual
				  or resident needs NF care and needs specialized services;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter A - GENERAL PROVISIONS › Section 303.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) Actively involved
				  person--An individual who has significant, ongoing, and supportive involvement
				  with a designated resident, as determined by the SPT based on the individual's:
(A) observed interactions with the designated
				  resident;
(B) availability to the
				  designated resident for assistance or support when needed; and
(C) knowledge of, sensitivity to, and
				  advocacy for the designated resident's needs, preferences, values, and
				  beliefs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter A - GENERAL PROVISIONS › Section 303.103 - Fair Hearing Process for PASRR Determination and Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  seeking admission to a NF, a resident, or an individual's or resident's LAR may
				  request a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A
				  (relating to Uniform Fair Hearing Rules) to appeal:
(1) a PE that is negative for ID, DD, or
				  MI;
(2) a denial of a specialized
				  service; or
(3) the reduction,
				  suspension, or termination of an IHSS or MI specialized service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter B - PASRR SCREENING AND EVALUATION PROCESS › Section 303.201 - Preadmission Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A referring entity must complete a PL1
				  when an individual is seeking admission into a NF through the preadmission
				  process, and:
(1) if the PL1 indicates the
				  individual is suspected of having MI, ID, or DD:
(A) must notify the LIDDA, LMHA, or LBHA, as
				  applicable; and
(B) must provide a
				  copy of the PL1 to the LIDDA, LMHA, or LBHA, as applicable; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter B - PASRR SCREENING AND EVALUATION PROCESS › Section 303.202 - Expedited Admission Process

Current through Reg. 49, No. 28; July 12, 2024
If the LTC online portal generates a notice to the LIDDA,
					 LMHA, or LBHA that an individual suspected of having MI, ID, or DD is being
					 admitted to a NF through the expedited admission process, the LIDDA, LMHA, or
					 LBHA, as applicable, must:
(1)
				  complete a PE or resident review in accordance with §
										303.302(a)(2)
				  of this chapter (relating to LIDDA, LMHA, and LBHA Responsibilities Related to
				  the PASRR Process); and
(2) comply
				  with §
										303.302(b)
				  and (c) of this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter B - PASRR SCREENING AND EVALUATION PROCESS › Section 303.203 - Admission Process for Exempted Hospital Discharge

Current through Reg. 49, No. 28; July 12, 2024
A LIDDA, LMHA, or LBHA must conduct a resident review in
					 accordance with §
										303.204
					 of this subchapter (relating to Resident Review Process) for a resident of a NF
					 admitted through an exempted hospital discharge process if:
(1) the resident's stay in the NF has
				  exceeded 30 days; and
(2) the
				  resident's PL 1 indicates the resident is suspected of having MI, ID, or
				  DD.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter B - PASRR SCREENING AND EVALUATION PROCESS › Section 303.204 - Resident Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The LTC
				  online portal generates an automated notification to a LIDDA, LMHA, or LBHA
				  that a resident review must be completed if:
(1) a resident with MI, ID, or DD experiences
				  a significant change in condition as defined in §
											303.102 of
				  this chapter (relating to Definitions); or
(2) a resident suspected of having MI, ID, or
				  DD:
(A) was admitted as an exempted hospital
				  discharge and has exceeded the allowed 30-day stay in the NF ; or
(B) is determined by a NF or HHSC to need a
				  resident review for any other reason.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter C - RESPONSIBILITIES › Section 303.301 - Referring Entity Responsibilities Related to the PASRR Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A referring entity must:
(1) complete the PL 1 for an individual
				  seeking admission into a NF;
(2)
				  contact a NF selected by the individual or LAR to notify the NF of the
				  individual's interest in admission; and
(3) provide the completed PL 1 as follows:
(A) to the NF selected by the individual or
				  LAR:
(i) for an individual who is being
				  admitted through an expedited admission or an exempted hospital discharge;
				  or
(ii) for an individual who is
				  being admitted through a preadmission process and is not suspected of having
				  MI, ID, or DD; and
(B)
				  to the LIDDA, LMHA, or LBHA, as applicable, for an individual who is suspected
				  of having MI, ID, or DD, and is being admitted through a preadmission
				  process.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter C - RESPONSIBILITIES › Section 303.303 - Qualifications and Requirements for Staff Person Conducting a PE or Resident Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must ensure a PE or resident
				  review is conducted by an individual who:
(1)
				  is a QIDP; or
(2) has one of the
				  following qualifications and at least one year of experience working directly
				  with individuals with ID or DD:
(A)
				  RN;
(B) LCSW;
(C) LPC;
(D) LMFT;
(E) Licensed Psychologist;
(F) APRN; or
(G) Physician.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter D - VENDOR PAYMENT › Section 303.401 - Reimbursement for a PE or Resident Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA, LMHA, or LBHA must accept the
				  reimbursement rate established by HHSC as payment in full for the following
				  activities:
(1) completing a PE or resident
				  review in accordance with §
											303.302(a)(2)
				  of this chapter (relating to LIDDA, LMHA, and LBHA Responsibilities Related to
				  the PASRR Process);
(2) assisting
				  an individual who is seeking admission to a NF, or a resident with MI, ID, or
				  DD, or the individual's or resident's LAR in choosing another NF that will
				  certify it can meet the needs of the individual or resident as described in
				  §
											303.302(b)
				  of this chapter;
(3) participating
				  in the resident's IDT meeting; and
(4) confirming in the LTC online portal the
				  information required by §
											303.302(c)(3)
				  of this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter E - HABILITATION COORDINATION › Section 303.501 - Qualifications of a Habilitation Coordinator

Current through Reg. 49, No. 28; July 12, 2024
A habilitation coordinator must:
(1) be an employee of a LIDDA;
(2) have a bachelor's or advanced degree from
				  an accredited college or university with a major in a social, behavioral, or
				  human service field, such as psychology, social work, medicine, nursing,
				  rehabilitation, counseling, sociology, human development, gerontology,
				  educational psychology, education, or criminal justice; and
(3) have at least one year of experience
				  working directly with individuals with ID or DD.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter E - HABILITATION COORDINATION › Section 303.502 - Required Training for a Habilitation Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must
				  ensure:
(1) a habilitation coordinator
				  completes the following training before providing habilitation coordination:
(A) training that addresses:
(i) appropriate LIDDA policies, procedures,
				  and standards;
(ii) this chapter,
				  other HHSC rules relating to the provision of specialized services, and other
				  HHSC rules affecting the LIDDA;
(iii) HHSC's IDD PASRR Handbook;
(iv) developing and implementing an
				  HSP;
(v) conducting assessments,
				  service planning, coordination, and monitoring;
(vi) providing crisis prevention and
				  management;
(vii) community support
				  services;
(viii) presenting
				  community living options using HHSC-developed materials and forms, and offering
				  educational opportunities and informational activities about community living
				  options;
(ix) arranging visits to
				  community providers;
(x) accessing
				  specialized services for a designated resident;
(xi) the rights of an individual with an ID,
				  including the right to live in the least restrictive setting appropriate to the
				  person's individual needs and abilities and in a variety of living situations,
				  as described in the Persons with an Intellectual Disability Act, Texas Health
				  and Safety Code Chapter 592 and in an HHSC-developed rights handbook;
				  and
(xii) advocacy for individuals
				  with ID or DD;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter E - HABILITATION COORDINATION › Section 303.503 - Documenting Habilitation Coordination Contacts

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must
				  ensure a habilitation coordinator documents all contacts, including:
(1) whether the contact was in person, via
				  audio-visual communication, or via audio-only communication;
(2) the date of contact;
(3) the description of the habilitation
				  coordination activities provided;
(4) the name of the person with whom the
				  contact occurred and the person's relationship to the designated resident;
				  and
(5) the habilitation
				  coordinator's name and title.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter E - HABILITATION COORDINATION › Section 303.504 - Documentation Maintained by a LIDDA in a Designated Resident's Record

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must ensure a habilitation
				  coordinator maintains the following documentation in a designated resident's
				  record:
(1) all assessments used for service
				  planning;
(2) all documentation of
				  habilitation coordination contacts as described in §
											303.503(a)
				  of this chapter (relating to Documenting Habilitation Coordination
				  Contacts);
(3) documentation
				  related to monitoring specialized services, including:
(A) the initiation and delivery of all
				  specialized services provided for the designated resident, including reasons
				  for delays and all follow-up activities;
(B) the designated resident's and LAR's
				  satisfaction with all specialized services; and
(C) the designated resident's progress or
				  lack of progress toward achieving goals and outcomes identified in the HSP,
				  including whether the designated resident is maintaining progress toward
				  achieving goals and outcomes from the designated resident's and LAR's
				  perspectives;
(4) the
				  current NF comprehensive care plan;
(5) the current HSP;
(6) all documents and forms used to:
(A) identify the designated resident's need
				  for specialized services; and
(B)
				  conduct SPT meetings, including written reports from SPT members who are
				  providers of specialized services and completed forms related to assessing for
				  habilitative needs;
(7)
				  the completed HHSC forms that document discussions with the designated resident
				  and LAR about the range of community living options and alternative services
				  and supports available;
(8) all
				  pertinent information related to the designated resident, such as guardianship
				  paperwork and consents;
(9) the
				  current plan of care; and
(10) an
				  implementation plan for each IHSS that appears on the plan of care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter F - HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT › Section 303.601 - Habilitation Coordination for a Designated Resident

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must
				  assign a habilitation coordinator to each designated resident within two
				  business days after a PE is completed if the PE is positive for ID or DD.
(1) The habilitation coordinator must attend
				  the initial IDT and provide habilitation coordination while the designated
				  resident is residing in the NF.
(2)
				  A designated resident may refuse habilitation coordination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter F - HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT › Section 303.602 - Service Planning Team Responsibilities Related to Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The SPT for a designated resident must:
(1) meet at least quarterly, as convened by
				  the habilitation coordinator;
(2)
				  ensure that the designated resident, regardless of whether he or she has an
				  LAR, participates in the SPT to the fullest extent possible and receives the
				  support necessary to do so, including communication supports;
(3) develop an HSP for the designated
				  resident;
(4) review and monitor
				  identified risk factors, such as choking, falling, and skin breakdown, and
				  report to the proper authority if they are not addressed;
(5) make timely referrals, service changes,
				  and revisions to the HSP as needed;
(6) considering the designated resident's
				  preferences, monitor to determine if the designated resident is provided
				  opportunities for engaging in integrated activities:
(A) with residents who do not have ID or DD;
				  and
(B) in community settings with
				  people who do not have a disability; and
(7) develop the plan of care for a designated
				  resident who receives IHSS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter F - HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT › Section 303.603 - Habilitation Coordination for a Designated Resident Receiving IHSS

Current through Reg. 49, No. 28; July 12, 2024
(a) The habilitation coordinator must:
(1) facilitate the coordination of the
				  designated resident's plan of care, including ensuring the plan of care is
				  shared with members of the SPT within 10 calendar days after the plan of care
				  is developed, updated, or renewed;
(2) assist a designated resident, LAR, or
				  actively involved person in exercising the legal rights of the designated
				  resident as a citizen and as a person with a disability, including protection
				  of rights and options to avoid unnecessary rights restrictions;
(3) provide a designated resident, LAR, or
				  family member with a written and oral explanation of the rights of a designated
				  resident receiving IHSS;
(4)
				  document the explanation of rights required by paragraph (3) of this subsection
				  and ensure that the documentation is signed by:
(A) the designated resident or LAR;
				  and
(B) the habilitation
				  coordinator;
(5)
				  immediately notify the NF and service provider agency if the habilitation
				  coordinator becomes aware of an emergency that impacts the designated
				  resident's health or safety;
(6) be
				  objective in assisting a designated resident or LAR in selecting a service
				  provider agency;
(7) ensure that a
				  designated resident, LAR, and service provider agency are informed of the name
				  of the designated resident's habilitation coordinator and how to contact the
				  habilitation coordinator; and
(8)
				  give the service provider agency a copy of the NF baseline care plan or NF
				  comprehensive care plan, whichever is most current.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter G - TRANSITION PLANNING › Section 303.701 - Transition Planning for a Designated Resident

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must
				  assign a service coordinator for a designated resident if the designated
				  resident, or the LAR on the designated resident's behalf, expresses an interest
				  in moving to the community and has selected a community program.
(b) A service coordinator must facilitate the
				  development, revisions, implementation, and monitoring of a transition plan in
				  accordance with HHSC's IDD PASRR Handbook and using HHSC forms. A transition
				  plan must identify the services and supports a designated resident needs to
				  live in the community, including those essential supports that are critical to
				  the designated resident's health and safety.
(c) The SPT for a designated resident must:
(1) meet as convened by the service
				  coordinator;
(2) ensure that the
				  designated resident, regardless of whether he or she has an LAR, participates
				  in the SPT to the fullest extent possible and receives the support necessary to
				  do so, including communication supports; and
(3) conduct transition planning activities
				  and develop a transition plan for the designated resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter G - TRANSITION PLANNING › Section 303.702 - Post-Transition Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
For a designated resident who has transitioned to the
					 community, a service coordinator must conduct post-transition monitoring
					 activities in accordance with HHSC's IDD PASRR Handbook and using HHSC forms,
					 including conducting a post-move monitoring visit:
(1) within seven days after a designated
				  resident transitions to the community;
(2) between eight and 45 days after
				  transition; and
(3) between 46 and
				  90 days after transition.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter G - TRANSITION PLANNING › Section 303.703 - Requirements for Service Coordinators Conducting Transition Planning

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA
				  must ensure that a service coordinator complies with Chapter 331 of this title
				  (relating to LIDDA Service Coordination ), including documenting in the
				  transition plan the frequency and duration of service coordination while the
				  designated resident is in the NF.
(b) A LIDDA must ensure:
(1) a service coordinator who conducts
				  transition planning completes the following training before providing service
				  coordination for a designated resident:
(A)
				  training that addresses:
(i) this
				  chapter;
(ii) HHSC's IDD PASRR
				  Handbook;
(iii) the role of a
				  relocation specialist and MCO service coordinator for a NF resident who wants
				  to transition to the community;
(iv) services available through Texas
				  Medicaid State Plan and all home and community-based services programs for
				  individuals with ID or DD, such as, access to nursing, durable medical
				  equipment and supplies, and transition assistance supports;
(v) developing and implementing a transition
				  plan for a designated resident;
(vi) an overview of community living options,
				  educational opportunities, and informational activities about community living
				  options; and
(vii) the rights of an
				  individual with ID, including the right to live in the least restrictive
				  setting appropriate to the person's individual needs and abilities and in a
				  variety of living situations, as described in the Persons with an Intellectual
				  Disability Act, Texas Health and Safety Code Chapter 592 and an HHSC-developed
				  rights handbook;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter H - COMPLIANCE REVIEW › Section 303.801 - Compliance Review

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC conducts a
				  compliance review of each LIDDA, LMHA, and LBHA to determine if the LIDDA,
				  LMHA, and LBHA are in compliance with the requirements for a LIDDA, LMHA, and
				  LBHA described in this chapter.
(b)
				  A LIDDA, LMHA, and LBHA must submit to HHSC a plan of correction in accordance
				  with the performance contract for any item of non-compliance. HHSC may take
				  action as specified in the performance contract if a LIDDA, LMHA, or LBHA fails
				  to submit a plan of correction or implement an approved plan of
				  correction.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.901 - Description of MI Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) An LMHA or LBHA
				  staff must conduct the uniform assessment to determine which level of care the
				  resident with MI will receive.
(b)
				  Some of the MI specialized services for a resident with MI are described in
				  more detail in this subsection.
(1) Skills
				  training and development. Training provided to a resident with MI that:
(A) addresses the severe and persistent MI
				  and symptom-related problems that interfere with the functioning of the
				  resident with MI;
(B) provides
				  opportunities for the resident with MI to acquire and improve skills needed to
				  function as appropriately and independently as possible in the community;
				  and
(C) facilitates community
				  integration for the resident with MI and increases the length of community
				  residency for the resident with MI.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.902 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
A resident with MI is eligible for MI specialized services
					 funded by Medicaid if the resident with MI requires the provision of at least
					 one MI specialized service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.903 - MI Specialized Services Team

Current through Reg. 49, No. 28; July 12, 2024
(a) The MI specialized services team must
				  include:
(1) the resident with MI;
(2) the resident with MI's LAR, if
				  any;
(3) the QMHP-CS assigned to
				  the resident with MI;
(4) a
				  representative of the LMHA or LBHA providing the MI specialized
				  services;
(5) the MCO service
				  coordinator, if the resident with MI does not object;
(6) a NF staff person familiar with the
				  resident with MI's needs; and
(7)
				  if the resident with MI is transitioning to the community:
(A) a representative from the community
				  program provider, if one has been selected; and
(B) a relocation specialist.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.904 - Qualifications for Conducting the Uniform Assessment

Current through Reg. 49, No. 28; July 12, 2024
The LMHA or LBHA staff person administering the uniform
					 assessment must be certified in administering the uniform
					 assessment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.905 - Process for Service Initiation

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or
				  LBHA must comply with §
										303.302 of this chapter (relating
				  to LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR
				  Process).
(b) At the initial IDT
				  meeting, an LMHA or LBHA staff must:
(1)
				  review the MI specialized services recommended on the PE;
(2) explain the uniform assessment;
(3) ensure the resident with MI, or LAR on
				  behalf of the resident with MI, understands the purpose of the uniform
				  assessment; and
(4) have the
				  resident with MI, or LAR on behalf of the resident with MI, agree or decline to
				  receive the uniform assessment and MI specialized services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.906 - Person-Centered Recovery Plan

Current through Reg. 49, No. 28; July 12, 2024
The QMHP-CS, in conjunction with the MI specialized
					 services team, develops, reviews at least quarterly, and revises as needed the
					 PCRP for each resident with MI in accordance with § 301.353(e)-(g) of this
					 title (relating to Provider Responsibilities for Treatment Planning and Service
					 Authorization).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.907 - Renewal and Revision of Person-Centered Recovery Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) At least
				  quarterly, the QMHP-CS must convene an MI quarterly meeting with the MI
				  specialized services team, in person, or in extenuating circumstances via
				  audio-visual communication, to:
(1) review the
				  PCRP to determine whether the MI specialized services previously identified
				  remain relevant; and
(2) determine
				  whether the current uniform assessment accurately reflects the need for MI
				  specialized services in the identified frequency for the resident with MI, in
				  the amount, and duration, or if an updated uniform assessment is
				  required.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.908 - Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or
				  LBHA must begin delivering all MI specialized services in accordance with the
				  PCRP within five business days after the MI specialized services team
				  meeting.
(b) Before delivering an
				  MI specialized service, the LMHA or LBHA must:
(1) confirm that the resident with MI is a
				  Medicaid recipient; and
(2) receive
				  authorization to deliver the MI specialized services in accordance with §
				  306.311 of this title (relating to Service Authorization and Recovery
				  Plan).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.909 - Refusal of the Uniform Assessment or MI Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) When a resident
				  with MI refuses the uniform assessment or MI specialized services, the LMHA or
				  LBHA must:
(1) ask the resident with MI or the
				  LAR to sign the Refusal of PASRR MI Specialized Services form and document on
				  the form if the resident with MI or LAR refuses to sign;
(2) inform the resident with MI that a
				  follow-up visit will be conducted every 30 days for 90 days after the initial
				  IDT meeting;
(3) conduct a
				  follow-up visit every 30 days for 90 days after the initial IDT meeting and
				  make the 90th day follow-up visit the first MI quarterly meeting; and
(4) if the resident with MI or the LAR
				  refuses the uniform assessment or MI specialized services at the first MI
				  quarterly meeting, inform the resident with MI and the LAR that an annual IDT
				  meeting is required and will be conducted, at which time the uniform assessment
				  and MI specialized services will be offered again.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.910 - Suspension and Termination of MI Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or
				  LBHA must suspend MI specialized services for a resident with MI when:
(1) the resident with MI is admitted to an
				  acute care hospital for fewer than 30 days and is returning to the same NF;
				  or
(2) the resident with MI loses
				  Medicaid eligibility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.911 - Transition Planning for Residents with MI Only

Current through Reg. 49, No. 28; July 12, 2024
(a) If a resident with MI only, or the LAR on
				  the resident with MI's behalf, expresses an interest in moving to the
				  community, the QMHP-CS must facilitate the development of, revisions to,
				  implementation of, and monitoring of a transition plan.
(b) A transition plan must identify the
				  services and supports a resident with MI needs to live in the community,
				  including those essential supports that are critical to the resident with MI's
				  health and safety.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.912 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
The LMHA or LBHA must maintain the following documentation
					 in the record of the resident with MI:
(1) all assessments used for service
				  planning;
(2) documentation related
				  to the initiation and delivery of MI specialized services, including reasons
				  for delays and all follow-up activities;
(3) documentation related to monitoring MI
				  specialized services, including:
(A) the
				  satisfaction with MI specialized services by the resident with MI or the LAR;
				  and
(B) progress or lack of
				  progress toward achieving goals and outcomes identified in the PCRP;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.913 - Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or
				  LBHA must allow access to the resident with MI or the resident with MI's record
				  by:
(1) advocacy agencies; and
(2) HHSC staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter I - MI SPECIALIZED SERVICES › Section 303.914 - Required Training for an LMHA or LBHA Staff Responsible for Coordinating MI Specialized Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or LBHA must ensure:
(1) an LMHA or LBHA staff responsible for
				  coordinating MI specialized services completes the following training before
				  coordinating MI specialized services:
(A)
				  training that addresses:
(i) appropriate LMHA
				  or LBHA policies, procedures, and standards;
(ii) this chapter, other HHSC rules relating
				  to the provision of specialized services, and other HHSC rules affecting the
				  LMHA or LBHA; and
(iii) HHSC's
				  PASRR MI Handbook;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 303 - PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR) › Subchapter J - DISASTER RULE FLEXIBILITIES › Section 303.1000 - Flexibilities to Certain Requirements During Declaration of Disaster

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may allow LIDDAs, LMHAs, and LBHAs
				  to use one or more of the exceptions described in subsection (c) of this
				  section while an executive order or proclamation declaring a state of disaster
				  under Texas Government Code §
										418.014 is in effect.
				  HHSC will notify LIDDAs, LMHAs, and LBHAs when an exception is permitted and
				  the date the exception must no longer be used, which may be before the
				  declaration of a state of disaster expires.
(b) Subject to the notification by HHSC, the
				  following flexibilities may be available to LIDDAs, LMHAs, and LBHAs to the
				  extent the flexibility is permitted by and does not conflict with other laws or
				  obligations of the LIDDAs, LMHAs, and LBHAs and is allowed by federal and state
				  law.
(c) LIDDAs, LMHAs, and LBHAs,
				  for services normally provided in person, may use audio-visual communication or
				  audio-only communication methods to engage with the individual or resident to
				  carry out the requirements in:
(1)
											§
											303.302(a)(2)(A)(ii)
				  of this chapter (relating to LIDDA, LMHA, and LBHA Responsibilities Related to
				  the PASRR Process);
(2)
											§
											303.601(b)(7) of
				  this chapter (relating to Habilitation Coordination for a Designated
				  Resident);
(3)
											§
											303.602(e) of
				  this chapter (relating to Service Planning Team Responsibilities Related to
				  Specialized Services);
(4)
											§
											303.701(g) of
				  this chapter (relating to Transition Planning for a Designated
				  Resident);
(5)
											§
											303.905(c)(3) of
				  this chapter (relating to Process for Service Initiation); and
(6)
											§
											303.907(a) of
				  this chapter (relating to Renewal and Revision of Person-Centered Recovery
				  Plan).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 304 - DIAGNOSTIC ASSESSMENT › Subchapter A - GENERAL PROVISIONS › Section 304.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to
				  describe the criteria used and the process followed:
(1) by an authorized provider employed by or
				  contracting with a local intellectual and developmental disability authority
				  (LIDDA) or a state supported living center (SSLC), to conduct a diagnostic
				  assessment for intellectual disability (ID), autism spectrum disorder (ASD),
				  and a related condition; and
(2) by
				  a LIDDA or SSLC, to review a determination of ID or a diagnosis of ASD, or
				  related condition for endorsement.