Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.580 - Certification Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) The program
				  provider must:
(1) assist the individual or
				  LAR in understanding the requirements for participation in the TxHmL Program
				  and include the individual or LAR in planning service provision and any changes
				  to the plan for service provision if changes become necessary;
(2) assist and cooperate with the
				  individual's or LAR's request to transfer to another program
				  provider;
(3) assist the individual
				  to access public accommodations or services available to all
				  citizens;
(4) assist the individual
				  to manage the individual's financial affairs upon documentation of the
				  individual's or LAR's written request for such assistance;
(5) ensure that any restriction affecting the
				  individual is approved by the individual's service planning team before the
				  imposition of the restriction;
(6)
				  inform the individual or LAR about the individual's health, mental condition,
				  and related progress;
(7) inform
				  the individual or LAR of the name and qualifications of any person serving the
				  individual and the option to choose among various available service
				  providers;
(8) provide the
				  individual or LAR access to TxHmL Program and CFC records, including, if
				  applicable, financial records maintained on the individual's behalf, about the
				  individual and the delivery of services by the program provider to the
				  individual;
(9) assist the
				  individual to communicate by phone or by mail during the provision of TxHmL
				  Program services or CFC services unless the service planning team has agreed to
				  limit the individual's access to communicating by phone or by mail;
(10) assist the individual, as specified in
				  the individual's PDP, to attend religious activities as chosen by the
				  individual or LAR;
(11) ensure the
				  individual is free from unnecessary restraints during the provision of TxHmL
				  Program services or CFC services;
(12) regularly inform the individual or LAR
				  about the individual's or program provider's progress or lack of progress made
				  in the implementation of the PDP;
(13) receive and act on complaints about the
				  TxHmL Program services or CFC services provided by the program
				  provider;
(14) ensure that the
				  individual is free from abuse, neglect, or exploitation by program provider
				  staff members, service providers, and volunteers;
(15) provide active, individualized
				  assistance to the individual or LAR in exercising the individual's rights and
				  exercising self-advocacy, including:
(A)
				  making complaints;
(B) registering
				  to vote;
(C) obtaining citizenship
				  information and education;
(D)
				  obtaining advocacy services; and
(E) obtaining information regarding legal
				  guardianship;
(16)
				  provide the individual privacy during treatment and care of personal
				  needs;
(17) include the
				  individual's LAR in decisions involving the planning and provision of TxHmL
				  Program services and CFC services;
(18) inform the individual or LAR of the
				  process for reporting a complaint to HHSC or the LIDDA when the program
				  provider's resolution of a complaint is unsatisfactory to the individual or
				  LAR, including the HHSC Complaint and Incident Intake toll-free telephone
				  number, 1-800-458-9858, to initiate complaints and the LIDDA telephone number
				  to initiate complaints;
(19) ensure
				  the individual is free from seclusion;
(20) inform the individual or LAR, orally and
				  in writing, of the requirements described in paragraphs (1) - (19) of this
				  subsection:
(A) when the individual is
				  enrolled in the program provider's program;
(B) if the requirements described in
				  paragraphs (1) - (19) of this subsection are revised;
(C) at the request of the individual or LAR;
				  and
(D) if the legal status of the
				  individual changes;
(21)
				  obtain an acknowledgement stating that the information described in paragraph
				  (20) of this subsection was provided to the individual or LAR and that is
				  signed by:
(A) the individual or
				  LAR;
(B) the program provider staff
				  person providing such information; and
(C) a third-party witness; and
(22) notify the individual's
				  service coordinator of an individual's or LAR's expressed interest in the CDS
				  option and document such notification.