SECTION 361.55. Acceptance of Referrals from DADS

(a) An agency, in its application for a contract with DADS, must identify the population groups for whom it provides services, in terms of age, mobility, or other factors. The application must also specify the geographic areas within which it provides services.

(b) A contractor must accept all referrals from DADS and apply for guardianship or successor guardianship if a contractor serves the county in which the incapacitated individual resides, and if the individual qualifies for the contractor's guardianship program, provided that the contractor is under the maximum service authorization level provided in the contract. If the contractor has reached the maximum service authorization level provided in the contract, DADS may offer the contractor an opportunity to apply for guardianship and provide services through other sources of funds.

(c) If a contractor believes that DADS has assigned an individual for guardianship or successor guardianship who does not fit the guardianship program's eligibility criteria, the contractor may request that the DADS Guardianship Services Program management and the appropriate guardianship supervisor to reconsider the referral. The DADS Guardianship Services Program management or the appropriate guardianship supervisor may, at the management's or supervisor's discretion, withdraw the referral to the contractor.

Source Note: The provisions of this §361.55 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983