Section 6000, Options for Intellectual and Developmental Disability Services and Supports

Revision 19-4; Effective September 9, 2019

 

6100 Definitions

Revision 19-4; Effective September 9, 2019

 

In this section, the following terms are defined as follows:

Actively involved party – For a person who lacks the ability to provide legally adequate consent and who does not have a legally authorized representative, someone whose significant and ongoing involvement with the person is supportive of the person, as determined by the local intellectual and developmental disability authority (LIDDA). The LIDDA’s determination is based on:

Legally authorized representative (LAR) – Has the meaning assigned in the Continuity of Services Rule – State Facilities, Title 40, Texas Administrative Code, Chapter 2, Subchapter F. A person authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.

LIDDA community services and supports – Services and supports funded by state general revenue and local funds through the LIDDA Performance Contract.

Person – Someone seeking or receiving services and supports.

Primary correspondent – Used frequently in the Client Assignment and Registration (CARE) System. It means the person with whom the LIDDA communicates regarding services for a person. A primary correspondent can be the person. If it is not the person, then it is usually the LAR, a family member of the person, or an actively involved party. For the intake process, the primary correspondent is the person who identifies the preferred services for the information on Form 8648, Identification of Preferences.

 

6200 Inquiries for Information

Revision 19-4; Effective September 9, 2019

 

In response to an inquiry for information about programs and services for a person with IDD, the local intellectual and developmental disability (LIDDA) must provide or mail to the person and legally authorized representative (LAR) or actively involved party:

Although the LIDDA is required to provide the person and LAR or actively involved party an explanation of services and supports, the primary correspondent may choose to identify preferred services and supports before receiving the explanation. In such cases, the LIDDA will provide the oral explanation and provide or mail the preceding documents after Form 8648, Identification of Preferences, has been completed.

The LIDDA must ensure encounter data is captured and must document via contact notes the following:

If the LIDDA provides an explanation of programs and services to an LAR who is not a family member of the person, the LIDDA must provide an oral and written explanation of programs and services to at least one family member of the person, if possible, per Texas Government Code, §531.042 and 40 Texas Administrative Code, Chapter 2, Subchapter G, §2.307(b)(1)(A).

 

6300 Documenting and Maintaining a Record of a Person’s Preferences for Services and Supports

Revision 19-4; Effective September 9, 2019

 

When a person and legally authorized representative (LAR) or actively involved party is ready to identify a preference for services and supports, the local intellectual and developmental disability authority (LIDDA) will:

 

6400 LIDDAs and the Primary Correspondent

Revision 19-4; Effective September 9, 2019

 

The local intellectual and developmental disability authority (LIDDA) must inform the person who identified a preference for services and supports on Form 8648, Identification of Preferences, the following:

 

6500 Identified Services and Supports

Revision 19-4; Effective September 9, 2019

 

If the preferred service and support identified on Form 8648, Identification of Preferences, is: