Section 904.45 - LIDDA Referral of an Applicant to a Residential Care Facility(a) If an individual or legally authorized representative (LAR) requests residential services in a residential care facility, the designated LIDDA must provide an oral and written explanation of the residential services and supports for which the individual may be eligible, as described in Texas Administrative Code (TAC) Title 40 §2.307(b)(2) (relating to Access, Intake, and Enrollment Related Responsibilities ).(b) If the LIDDA's IDT determines that an applicant meets the criteria for residential services in a residential care facility or if a court orders an individual committed to residential care facility, as described in §904.25 of this subchapter (relating to Criteria for Commitment, Commitment for Residential Services Without an Interdisciplinary Team Recommendation, and Regular Voluntary Admission of an Adult to a Residential Care Facility Under the PIDA ) or, as described in §904.29 of this subchapter (relating to Criteria for Commitment and Commitment for Residential Services Without an Interdisciplinary Team Recommendation of a Minor to a Residential Care Facility Under the PIDA ), the LIDDA: (1) notifies the applicant or LAR in writing, if applicable;(2) contacts the residential care facility serving the area in which the applicant lives or, if the applicant is requesting an interstate transfer, the area in which the individual's LAR or family lives or intends to live;(3) contacts the interstate compact coordinator at HHSC, if the applicant is requesting an interstate transfer;(4) compiles and submits all information required to complete an application packet, as described in subsection (i) of this section; and(5) opens an assignment in the HHSC data system indicating the applicant is waiting for services in a residential care facility.(c) If the LIDDA's IDT determines that the applicant does not meet the criteria for commitment or regular voluntary admission to a residential care facility, as described in this subchapter, the LIDDA: (1) notifies the applicant or LAR in writing of the determination and explains the procedure for the applicant or LAR to request a review of the IDT's determination by the LIDDA in accordance with § 301.155 of this title (relating to Notification and Appeals Process); or(2) if the applicant requests an interstate transfer, notifies the interstate compact coordinator in writing of the determination.(d) If a review by the LIDDA of the IDT's determination results in the determination being upheld, the LIDDA informs the applicant or LAR in writing that they may request a review by HHSC's Intellectual or Developmental Disability (IDD) ombudsman by calling 1-800-252-8154 or they can visit the HHSC website for additional contact information for the IDD Ombudsman.(e) If the applicant or LAR requests a review, HHSC's IDD ombudsman reviews relevant documentation provided by the applicant and LAR, the IDT, and the LIDDA, and determines if the processes described in this subchapter were followed. (1) The ombudsman issues a written decision to the applicant, the applicant's LAR, and the LIDDA within 14 calendar days of the request.(2) If the ombudsman decides that the processes in this subchapter were followed, the ombudsman provides information about other services the individual may be eligible for, including who to contact to place the applicant on interest lists.(3) If the ombudsman decides that the processes in this subchapter were not followed, the LIDDA must take action to follow the processes in this subchapter.(f) If the guardian of an adult petitions the court to issue a commitment order per THSC §§593.041, 593.0511, and 593.052, and the court issues the commitment order, the guardian must notify the LIDDA and provides a copy of the commitment order to the LIDDA.(g) If the LIDDA determines that an applicant meets the criteria described in §904.37 of this subchapter (relating to Criteria for Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA) or §904.39 of this subchapter (relating to Criteria for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA), the LIDDA: (1) contacts the residential care facility serving the area in which the applicant lives;(2) compiles all of the information required to complete an application packet, as described in subsection (j) or (k) of this section, as appropriate; and(3) requests the applicant's enrollment in the Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions Program, as described in § 261.244(e) of this title (relating to Applicant Enrollment in the ICF/MR Program), if appropriate.(h) The guardian must assist the LIDDA in compiling the information required to complete an application packet.(i) A complete application packet, as referenced in subsection (b)(4) of this section, must include:(1) the original order of commitment, if applicable;(2) a completed Form 8654, State Supported Living Center (SSLC) Admission Application, including signature of the applicant, if the applicant is able to sign, or the applicant's LAR, if applicable (Form 8654 is available on the HHSC website);(3) a Determination of Intellectual Disability (DID) report with statement that the applicant has an intellectual disability, in accordance with § 304.402 of this title (relating to The Determination of Intellectual Disability Report);(4) a completed ICAP booklet and Intellectual Disability and Related Conditions (ID/RC) Assessment form;(5) an IDT report completed, as described in §904.43 of this subchapter (relating to LIDDA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a Residential Care Facility Under the PIDA ) recommending the commitment or regular voluntary admission of the applicant to a residential care facility, unless the applicant is court committed, as described in §904.25(b) of this subchapter or §904.29(e);(6) copies of available psychological, medical, and social histories for the applicant;(7) a copy of any divorce decree pertaining to the applicant;(8) any legal document dealing with the custody of a minor;(9) current letters of guardianship, order appointing a guardian, and related orders, if the applicant has a guardian;(10) a copy of any will naming the applicant as a devisee;(11) a certified copy of the applicant's birth certificate;(12) a copy of the applicant's immunization record;(13) a copy of the applicant's social security card;(14) a copy of the applicant's Medicare and Medicaid card (if applicable);(15) any record regarding care and treatment of the individual in a state mental health facility or a psychiatric hospital;(16) for the applicant who is school eligible, the Admission, Review and Dismissal Committee report, Individual Education Plan, and Comprehensive Assessment;(17) for the applicant who is a minor, results of the CRCG or LIDDA staffing held, as described in §904.29(c)(1) of this subchapter;(18) for the applicant under 22 years of age, results of the LIDDA's permanency planning process, as described in §904.171(a) of this chapter (relating to MRA and State MR Facility Responsibilities); and(19) any documents concerning the applicant's immigration status.(j) A complete application packet for emergency admission of an individual, as referenced in subsection (g)(2) of this section, must include: (1) a completed Form 8654, State Supported Living Center (SSLC) Admission Application, including signature of the applicant, if the applicant is able to sign, or the applicant's LAR, if applicable (Form 8654 is available on the HHSC website);(2) a written request from the LIDDA for the emergency admission of the applicant;(3) documentation: (A) describing the persuasive evidence that the individual has an intellectual disability;(B) of the reasons supporting the individual's urgent need for the emergency admission, including the circumstances precipitating the need for the emergency admission;(C) of the expected outcomes from the emergency admission; and(D) that the requested relief can be provided by the residential care facility within a year after the individual is admitted;(4) a copy of any divorce decree pertaining to the individual;(5) any legal document dealing with the custody of a minor;(6) current letters of guardianship, order appointing a guardian and related orders, if the individual has a guardian;(7) a certified copy of the applicant's birth certificate;(8) a copy of the applicant's immunization record;(9) a copy of the applicant's social security card;(10) a copy of the applicant's Medicare and Medicaid card (if applicable);(11) for the applicant who is school eligible, the Admission, Review and Dismissal Committee report, Individual Education Plan, and Comprehensive Assessment;(12) for the applicant who is a minor, the results of the CRCG or LIDDA staffing held, as described in §904.29(c)(1) of this subchapter;(13) for the applicant under 22 years of age, results of the LIDDA's permanency planning process, as described in §904.171(a) of this chapter;(14) any record regarding care and treatment of the individual in a state mental health facility or a psychiatric hospital;(15) any documents concerning the applicant's immigration status; and(16) if requested by HHSC: (A) a DID report with a statement that the applicant has an intellectual disability, in accordance with § 304.402 of this title (relating to The Determination of Intellectual Disability Report); and(B) a completed ICAP booklet and ID/RC Assessment form.(k) A complete application packet for admission of an individual for respite care, as referenced in subsection (g)(2) of this section, must include: (1) a completed Form 8654, State Supported Living Center (SSLC) Admission Application, including signature of the applicant, if the applicant is able to sign, or the applicant's LAR, if applicable (Form 8654 is available on the HHSC website);(2) a written request from the LIDDA for the admission of the applicant for respite care;(3) documentation: (A) describing the persuasive evidence that the individual has an intellectual disability;(B) of the reasons why the individual or the individual's family urgently requires respite care; and(C) that the requested assistance or relief can be provided by the residential care facility within a period not to exceed 30 calendar days after the date of admission;(4) a copy of any divorce decree pertaining to the individual;(5) any legal document dealing with the custody of a minor;(6) current letters of guardianship, order appointing a guardian and related orders, if the individual has a guardian;(7) a certified copy of the applicant's birth certificate;(8) a copy of the applicant's immunization record;(9) a copy of the applicant's social security card;(10) a copy of the applicant's Medicare and Medicaid card (if applicable);(11) for the applicant who is school eligible, the Admission, Review and Dismissal Committee report, Individual Education Plan, and Comprehensive Assessment;(12) any documents concerning the applicant's immigration status; and(13) if requested by HHSC: (A) a DID report with a statement that the applicant has an intellectual disability in accordance with § 304.402 of this title; and(B) a completed ICAP booklet and ID/RC Assessment form.26 Tex. Admin. Code § 904.45
Adopted by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7365, eff. 9/18/2024