SECTION 260.213. Service Backup Plans

(a) If an individual's IPC includes nursing, intervener services, or CFC/PAS HAB, a case manager must ensure that the service planning team determines if an individual needs a service backup plan or a service backup plan revision during:

(1) the process of enrollment described in §260.61 of this chapter (relating to Process for Enrollment of an Individual);

(2) each of the reviews described in §260.77 of this chapter (relating to Renewal and Revision of an IPP and IPC); and

(3) an individual's transfer from one program provider to another.

(b) If the service planning team determines that an individual needs a service backup plan for nursing, intervener services, or CFC PAS/HAB services critical to the individual's health and safety, the case manager must document on the individual's IPP and IPC which services require a service backup plan.

(c) If a service that requires a service backup plan will be provided by a program provider, a case manager must:

(1) develop, with input from the service planning team, the service backup plan for each service identified as critical using the HHSC Provider Agency Model Service Backup Plan form; and

(2) ensure that:

(A) the service backup plan addresses emergencies, including when the failure of a service provider to appear as scheduled presents a risk to an individual's health and welfare; and

(B) if the action in the service backup plan identifies a natural support, that a person providing the natural support receives pertinent information about the individual's needs and is able to protect the individual's health and safety.

(d) If a service backup plan is implemented in accordance with subsection (c) of this section, the service planning team must revise the service backup plan to address any problems or concerns from the individual, case manager, service provider, or a person providing the natural support regarding implementation of the service backup plan.

Source Note: The provisions of this §260.213 adopted to be effective February 26, 2023, 48 TexReg 896