Section 368.401 - Service Initiation and Delivery(a) The service provider agency must serve each designated resident who selects the service provider agency unless: (1) enrollment has reached its service capacity identified in the contract; or(2) HHSC approves the service provider agency's request to waive this requirement.(b) The service provider agency must ensure the delivery of all IHSS in accordance with an implementation plan that, for each IHSS on the designated resident's plan of care, includes: (1) a list of the designated resident's outcomes identified in the HSP that will be addressed using IHSS;(2) specific objectives to address the outcomes required by paragraph (1) of this subsection that are: (A) observable, measurable, and outcome-oriented; and(B) derived from assessments;(3) a target date for completion of each objective;(4) the frequency, amount, and duration of IHSS needed to complete each objective; and(5) the signature and date of the designated resident, LAR, and service provider agency.(c) The service provider agency must develop an implementation plan for each IHSS within 14 calendar days after the initial, annual, or any other SPT meeting during which changes are made and send the implementation plan to the habilitation coordinator upon completion.(d) Annually, and when an IHSS is added or changed, the service provider agency must review each implementation plan and make any necessary updates.(e) Before delivering an IHSS, the service provider agency must: (1) receive authorization from HHSC to deliver the IHSS during the plan year in accordance with the current plan of care; and(2) confirm that the designated resident is a Medicaid recipient.(f) The service provider agency must initiate an IHSS within five calendar days after the service authorization has been added to Medicaid Eligibility Service Authorization Verification.26 Tex. Admin. Code § 368.401
Adopted by Texas Register, Volume 46, Number 28, July 9, 2021, TexReg 4161, eff. 9/1/2021