SECTION 368.301. Plan of Care

(a) A plan of care must be developed for each designated resident in accordance with §368.204 of this chapter (relating to Process for Service Initiation) and reviewed and revised for each designated resident whenever the designated resident's needs for services and supports change, but no less than annually, in accordance with §368.302 of this subchapter (relating to Renewal and Revision of a Plan of Care).

(b) A plan of care must specify the frequency, amount, and duration of each IHSS to be provided for a designated resident, as well as non-PASRR services and supports to be provided during the plan year. Each service in the plan of care must:

(1) be necessary to help the designated resident partially or fully attain, maintain or improve skills, or slow or prevent a decline in skills;

(2) not be available for the designated resident through any other source, including other state plan services, governmental programs, private insurance, or other resources; and

(3) be supported by at least one outcome in the HSP as necessary to enable community integration and maximize independence.

(c) Before submission to HHSC, the required SPT members must sign and date a designated resident's plan of care, indicating agreement that the services recommended in the plan of care meet the requirements of subsection (b) of this section and will be delivered by the service provider agency.

(d) HHSC reviews a submitted initial, revised, or renewal plan of care and authorizes or denies the IHSS on the plan of care.

Source Note: The provisions of this §368.301 adopted to be effective September 1, 2021, 46 TexReg 4151