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:

  • observed interactions between the actively involved party and the person;
  • the actively involved party’s knowledge of, and sensitivity to, the person’s preferences, values and beliefs;
  • the actively involved party’s availability to the person for assistance or support; and
  • the actively involved party’s advocacy for the person’s preferences, values and beliefs.

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:

  • an explanation of services and support using the Explanation of IDD Services and Supports. The LIDDA may supplement the Explanation of IDD Services and Supports by adding a description of services and supports unique to the LIDDA’s local service area. LIDDAs must not delete or modify any information in the Explanation of IDD Services and Supports.
  • a copy of Long Term Services and Supports.
  • the current contact list for all LIDDAs, Area Agencies on Aging, and Texas Health and Human Services Commission (HHSC) local community services offices;
  • an explanation of the different type of residential options using the Residential Options brochure, if the person is seeking residential services. The LIDDA must add its contact information to the document. LIDDAs must not delete or modify any other information in the brochure.
  • an explanation of permanency planning using A Message for Families, if the person is under 22 years of age seeking residential services. The LIDDA must add its contact information to the document.

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:

  • date of the inquiry;
  • name of the person identified to received services and supports;
  • name and address of the party making the inquiry and their relationship to the person;
  • the summary of the discussion specific to the person (using a template is not person specific and should not be used),
  • date of the mailing, if applicable; and
  • other information, as needed.

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:

  • assist the person and LAR or actively involved party, face-to-face, if possible, to identify the types of services and supports being requested based on the person’s interests, needs and desired outcomes;
    • For minors-only, the LAR can identify types of services and supports.
  • document the identified preferred services and supports on Form 8648, Identification of Preferences, sign and date the form;
    • The “Date of Discussion” on Form 8648 is the date the person, LAR or actively involved party discussed the choice of preferred services with the LIDDA.
    • If the preferred services and supports are identified with the person, LAR or actively involved party present, the LIDDA must ensure completion of Form 8648 and the person, LAR or actively involved party must sign and date the form.
    • If the preferred services and supports are identified without the person, LAR or actively involved party present, the LIDDA must note this on the signature line. As a suggested best practice, a signature should be obtained at the next face-to-face meeting.
  • give or mail the person, LAR or actively involved party a copy of the completed Form 8648;
  • document the summary of the discussion specific to the person (using a template is not person specific and should not be used); and
  • retain the original Form 8648, or an electronic copy of the original form in a PDF format, in the LIDDA’s file for the person until after the person has enrolled in, or received, every identified preferred service. The form should remain in an accessible LIDDA file.

 

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:

  • The name and contact information of a primary correspondent, to whom the LIDDA will direct all inquiries which must be provided to the LIDDA and must be updated if the information changes; and
  • The primary correspondent may change service support preferences documented on Form 8648 at any time upon request by completing a new Form 8648.

 

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:

  • Home and Community-based Services (HCS) or Texas Home Living (TxHmL), the local intellectual and developmental disability authority (LIDDA) will follow the instructions in Section 7000, HCS and TxHmL Interest Lists.
  • HCS only, complete Form 8577, Questionnaire for LTSS Waiver Program Interest Lists, with the person and LAR or actively involved party.
  • State supported living center (SSLC) or intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID), the LIDDA will begin the enrollment or admission process described in 40 Texas Administrative Code Chapter 2, Subchapter F, or Chapter 9, Subchapter E, as appropriate.
  • LIDDA community services, the LIDDA will begin the eligibility determination process as soon as possible as local resources allow.
  • Community First Choice (CFC) Services, the LIDDA will refer the person to his or her Medicaid managed care organization (MCO).