SECTION 263.502. Requirements for Program Provider Owned or Controlled Residential Settings

(a) The requirements in this section are in addition to the requirements described in §263.501 of this subchapter (relating to Requirements for Home and Community-Based Service Settings).

(b) In each residence in which a program provider provides residential support, supervised living, or host home/companion care, the program provider must ensure that, except as provided in subsection (c) of this section:

(1) an individual has privacy in the individual's bedroom;

(2) an individual has the option not to share a bedroom with a roommate;

(3) an individual sharing a bedroom has a choice of roommates;

(4) a lock is installed on the individual's bedroom door at no cost to the individual and that:

(A) the lock is operable by the individual; and

(B) only the individual, a roommate of the individual, and staff designated by the program provider have keys to the individual's bedroom door;

(5) an individual can furnish and decorate the individual's bedroom;

(6) while in the residence, an individual has the freedom and support:

(A) to control the individual's schedule and activities that are not part of the implementation plan; and

(B) to have access to food at any time;

(7) an individual may have visitors of the individual's choosing at any time; and

(8) the residence is physically accessible and free of hazards to the individual.

(c) If a program provider becomes aware that a modification to a requirement described in subsection (b)(1) - (7) of this section is needed based on a specific assessed need of an individual, the program provider must:

(1) notify the service coordinator of the needed modification; and

(2) provide the service coordinator the information described in §263.901(e)(21) of this chapter relating to (LIDDA Requirements for Providing Service Coordination in the HCS Program) as requested by the service coordinator.

(d) If a service coordinator receives a notification as described in subsection (c) of this section, the service coordinator must convene a service planning team meeting to update the PDP as described §263.901(e)(21) of this chapter.

(e) After the service planning team updates the PDP as required by subsection (d) of this section, the program provider may implement the modifications.

Source Note: The provisions of this §263.502 adopted to be effective March 1, 2023, 48 TexReg 1080