Section 86068.3 - [Operative 7/1/2024] Modifications to Needs and Services and Transitional Independent Living Plans(a) The needs and services plan and TILP specified in Section 86168.2 shall be reviewed at least every six months to determine the following: (1) The participant's need for continuing services;(2) The need for modification in services.(A) All needs for modification shall be documented in writing.(B) If it is determined that the TILP requires modification, THPP social work personnel shall contact the participant's authorized representative to request a new TILP.(b) The licensee shall ensure that each participant's written Needs and Services Plan is updated as often as necessary to assure its accuracy, but at least annually. These modifications shall be maintained in the participant's file.(c) The licensee shall ensure the participant and their authorized representative are offered the opportunity to participate in each review.(1) Modifications of the needs and services plan shall not be implemented unless prior written approval of the plan has been obtained from the participant's authorized representative.(d) The THPP shall provide the participant and their authorized representative with a copy of the modified needs and services plan.(e) If the licensee determines that the participant's needs cannot be met, the licensee shall inform the participant, and their authorized representative, if any, and the placement agency, if any, and request that the participant relocate to a facility that can provide the needed services.(1) If the participant refuses to relocate, the licensee may evict the participant in accordance with Section 86168.4.Cal. Code Regs. Tit. 22, § 86068.3
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1531 and 1559.110, Health and Safety Code; Section 16522.1, Welfare and Institutions Code; and Title 42 U.S.C., Sections 675 and 677, Social Security Act.
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1531 and 1559.110, Health and Safety Code; Section 16522.1, Welfare and Institutions Code; and Title 42 U.S.C., Sections 675 and 677, Social Security Act.
1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of subsections (c) and (d)-(e) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).