Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.15 - Information Regarding Community-Based Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  the following state health and human services agencies: Texas Department on
				  Aging (TDoA); Texas Department of Human Services (TDHS); Texas Department of
				  Health (TDH); Texas Department of Mental Health and Mental Retardation
				  (TDMHMR); Texas Department of Protective and Regulatory Services
				  (TDPRS).
(b) Information to be
				  provided to long-term care clients. A state health and human services agency
				  that delivers long-term care services must provide to each long-term care
				  client; to the client's legally authorized representative (LAR) (as defined in
				  §
										RSA
				  241.151, Health and Safety Code); and, if the
				  LAR is not a member of the client's family and it is possible, to at least one
				  family member, information about all long-term care and long-term support
				  options appropriate to the client's needs that are currently available. The
				  information must be provided before the agency allows the client to be placed
				  in a care setting, including a nursing home, intermediate care facility for the
				  mentally retarded, or institution for the mentally retarded licensed or
				  operated by the Department of Protective and Regulatory Services, to receive
				  care or services provided by the agency or by a person under an agreement with
				  the agency. The information must be provided in a manner designed to maximize
				  the client's understanding of all available options. The information must
				  include community-based options and other options available through other
				  agencies and providers and must be easily understood by the client, the
				  client's family member, or the client's LAR. The agency must obtain a signed
				  statement from the client or the client's LAR that confirms that the client was
				  informed about community-based care and support options. The agency must retain
				  a copy of each statement in the client's records. If the client, or the
				  client's LAR, selects an option that is not immediately available for any
				  reason, the agency must provide assistance in placing the client's name on a
				  waiting list for that option. A competent adult client (a client who has not
				  been adjudicated as incapacitated to manage his or her personal affairs) may
				  withhold consent to provide notification to the client's family member or other
				  LAR. If the client is in the conservatorship of a health and human services
				  agency, the information must be provided to the client's agency caseworker and
				  foster parents, if applicable.
(c)
				  Programs affected. The requirements of subsection (b) of this section apply to
				  the following agencies and programs:
(1)
				  TDHS--Nursing Facility Care; Hospice Program; Swing Bed Program; Program of
				  All-inclusive Care for the Elderly (PACE Waiver Program); Adult Foster Care;
				  Consumer Managed Personal Assistance Services; Home Delivered Meals; Day
				  Activity and Health Services; Emergency Response; In-Home Family Support
				  Program; Medically Dependent Children Program (MDCP); Primary Home Care;
				  Residential Care; Respite Care; Special Services to Persons with Disabilities;
				  Special Services to Persons with Disabilities 24-Hour Attendant Care, Community
				  Based Alternatives Waiver Program; Community Living Assistance and Support
				  Services Waiver Program Deaf-Blind Multiple Disabilities; Waiver Program; and
				  the Consolidated Waiver Program.
(2) TDH--Texas Health Steps; Texas Health
				  Steps-Comprehensive Care Program (CCP); Children with Special Health Care Needs
				  Services Program (CSHCN); Respite Grant Programs.
(3) TDMHMR--all long-term care
				  services.
(4) TDPRS--all long-term
				  care services.