Section 368.402 - Service Provider Agency Responsibilities(a) The service provider agency must comply with:(1) all applicable state and federal laws and rules; and(2) HHSC Information Letters and HHSC Provider Letters regarding PASRR found on the HHSC website.(b) The service provider agency must comply with § 303.602 of this title (relating to Service Planning Team Responsibilities Related to Specialized Services).(c) At least one individual service provider or representative from the service provider agency must participate in a designated resident's SPT meetings.(d) The service provider agency must ensure that a designated resident's progress or lack of progress toward achieving an identified outcome is accurately and consistently documented in observable or measurable terms in accordance with the IDD Habilitative Specialized Services Billing Guidelines, and that such documentation is provided to the habilitation coordinator as requested.(e) The service provider agency must inform the habilitation coordinator and NF within one business day of a circumstance or event that occurs in a designated resident's life or a change to a designated resident's condition that may affect the provision of services for the designated resident.(f) If the designated resident experiences any significant change in behavioral or medical condition while in the service provider agency's care, the service provider agency must notify: (1) the NF immediately; and(2) the habilitation coordinator within one business day.(g) The service provider agency must promote the independence and community integration of designated residents receiving IHSS.(h) The service provider agency, its staff members, and individual service providers must cooperate with LIDDA and NF staff.(i) The service provider agency must maintain a separate record for each designated resident served. The designated resident's record must include:(1) a copy of the current HSP and individual profile form;(2) a copy of the current plan of care;(3) an implementation plan for each IHSS that appears on the plan of care;(4) a current assessment for each IHSS on the plan of care;(5) a copy of the NF baseline or comprehensive care plan obtained from the habilitation coordinator, whichever is most current;(6) documentation that describes:(A) the designated resident's progress or lack of progress toward achieving the outcomes and objectives identified in the implementation plan; and(B) any changes to a designated resident's personal goals, condition, abilities, or needs; and(7) a behavior support plan, if one has been developed.(j) The service provider agency must comply with applicable federal and state laws and rules regarding confidentiality of information regarding a designated resident.(k) The service provider agency must ensure that all billing is correct and documented in accordance with the IDD Habilitative Specialized Services Billing Guidelines.26 Tex. Admin. Code § 368.402
Adopted by Texas Register, Volume 46, Number 28, July 9, 2021, TexReg 4161, eff. 9/1/2021