SECTION 357.307. Independent Living Plan

(a) General.

(1) Unless the consumer who will receive independent living services under this chapter signs a waiver in accordance with paragraph (2) of this subsection, the service provider works with the consumer to develop and periodically review an independent living plan in accordance with this section.

(2) If the consumer knowingly and voluntarily signs a waiver stating that the consumer's participation in developing an independent living plan is unnecessary, the service provider develops a waived independent living plan.

(3) The service provider provides each independent living service in accordance with the independent living plan or waived independent living plan.

(b) Initiation and development of an independent living plan.

(1) A consumer's independent living plan or waived independent living plan is created after the consumer's eligibility is documented according to §104.305 of this chapter (relating to Eligibility). The plan explains the goals or objectives established and the services to be provided. It indicates the anticipated duration of the service plan and the duration of each component service.

(2) Subject to subsection (a)(2) of this section, the independent living plan is developed by the service provider and the consumer or the consumer's representative.

(3) A copy of the independent living plan and any amendments is provided in an accessible format to the consumer or the consumer's representative.

(c) Review.

(1) The independent living plan or waived independent living plan is reviewed as often as necessary but at least annually to determine whether to continue, modify, or discontinue services or refer the consumer to a vocational rehabilitation program or other assistance program.

(2) The consumer reviews the independent living plan and, if necessary, revises it and agrees by signature to its terms.

(d) Coordinating services. The independent living plan or waived independent living plan must be coordinated, to the extent possible, with any of the following programs for the consumer:

(1) A vocational rehabilitation program;

(2) A habilitation program, prepared under the Developmental Disabilities Assistance and Bill of Rights Act; and

(3) An education program, prepared under part B of the Individuals with Disabilities Education Act.

(e) Termination of services. If the service provider intends to terminate services to a consumer, the service provider documents the reason on the independent living plan or waived independent living plan and follows the procedures explained in §104.305(f)(2) - (5) of this chapter.

Source Note: The provisions of this §357.307 adopted to be effective August 31, 2016, 41 TexReg 6066; transferred effective March 15, 2021, as published in the Texas Register February 26, 2021, 46 TexReg 1387