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.26 Tex. Admin. Code § 263.502
Adopted by Texas Register, Volume 48, Number 08, February 24, 2023, TexReg 1113, eff. 3/1/2023