SECTION 259.89. Service Backup Plans

(a) If an individual's IPC includes nursing or CFC PAS/HAB, the case manager must ensure that:

(1) the service planning team determines whether nursing or CFC PAS/HAB is critical to the individual's health and safety;

(2) the individual's IPC identifies whether nursing or CFC PAS/HAB is critical to the individual's health and safety; and

(3) the service planning team develops a service backup plan for each service identified as critical using the HHSC Provider Agency Model Service Backup Plan form, unless the service will be provided through the CDS option.

(b) A case manager must ensure that:

(1) a service backup plan developed in accordance with subsection (a)(3) of this section addresses any risk that might exist to the health and safety of the individual; and

(2) if an action listed in the service backup plan includes the use of a natural support, the natural support receives pertinent information about the individual's needs and is able to protect the individual's health and safety.

(c) If a service backup plan is implemented, a DSA must:

(1) discuss the implementation of the service backup plan with the individual and the service providers or natural supports identified in the service backup plan to determine whether or not the plan was effective;

(2) document whether or not the plan was effective; and

(3) revise the plan with input from the service planning team if the DSA determines the plan was ineffective.

(d) Requirements for developing a service backup plan for an individual receiving nursing or CFC PAS/HAB through the CDS option are described in 40 TAC §41.217 (relating to Employer Responsibilities Regarding Service Backup Plan).

Source Note: The provisions of this §259.89 adopted to be effective January 30, 2023, 48 TexReg 362