SECTION 263.702. Process for Individual to Receive a Service Through the CDS Option that the Individual is Receiving from a Program Provider

(a) If a service coordinator receives information that an individual wants to receive a service through the CDS option that the individual is receiving from a program provider or that an LAR wants the individual to receive a service through the CDS option that the individual is receiving from a program provider, the service coordinator must:

(1) if the information was received from the individual or LAR, document the date the information was received in the individual's record;

(2) if the information was received from a person other than the individual or LAR, within three business days after the information was received:

(A) contact the individual or LAR to confirm whether the individual wants to receive or the LAR wants the individual to receive a service through the CDS option that the individual is receiving from a program provider; and

(B) if the service coordinator makes the confirmation described in subparagraph (A) of this paragraph, document such confirmation in the individual's record; and

(3) within three business days after receiving information from the individual or LAR that the individual wants to receive or the LAR wants the individual to receive a service through the CDS option that the individual is receiving from a program provider or making the confirmation described in paragraph (2)(A) of this subsection:

(A) explain to the individual or LAR that the individual may select an FMSA of the individual's or LAR's choice; and

(B) provide the individual or LAR the names and contact information of all FMSAs in the geographic location preferred by the individual or LAR.

(b) After the individual or LAR selects an FMSA, the service coordinator must coordinate with the individual, LAR, the transferring program provider and the receiving FMSA to determine an transfer effective date that is:

(1) not earlier than the date of the meeting described in subsection (c)(2) of this section; and

(2) agreed to by the service coordinator, the individual or LAR, and the receiving FMSA.

(c) On or before the transfer effective date, the service coordinator must:

(1) take action to complete the HHSC Request for Transfer of Waiver Program Services form in accordance with the HCS Handbook;

(2) convene a meeting with the individual or LAR to develop a transfer IPC; and

(3) send the individual's IPC to the receiving FMSA and obtain the signature of the receiving FMSA on the IPC and the HHSC Request for Transfer of Waiver Program Services form.

(d) Within 10 business days after the transfer effective date, the service coordinator must:

(1) complete data entry in the HHSC data system in accordance with the HCS Handbook after the activities described in subsection (c) of this section are completed; and

(2) send the transfer IPC and the HHSC Request for Transfer of Waiver Program Services form to HHSC.

Source Note: The provisions of this §263.702 adopted to be effective March 1, 2023, 48 TexReg 1080