(a) Renewal and Revision of an IPC. At least annually, and before the expiration of an individual's IPC, the individual's IPC must be renewed and revised in accordance with this subsection and HHSC's instructions.
  (1) At least 30 but no more than 90 calendar days before the expiration of an individual's IPC, the service coordinator must:
    (A) notify the service planning team that the individual's PDP must be reviewed and updated;
    (B) convene a meeting with the service planning team to:
      (i) review and update the individual's PDP and develop a renewal IPC; and
      (ii) if CFC PAS/HAB is included on the PDP, complete the HHSC HCS/TxHmL CFC PAS/HAB Assessment form to determine the number of CFC PAS/HAB hours the individual needs;
    (C) ensure the individual or LAR signs the finalized PDP; and
    (D) use the HHSC Understanding Program Eligibility and Services form to provide an individual or LAR both an oral and a written explanation of:
      (i) the eligibility requirements for the TxHmL Program as described in §262.101(a) of this chapter (relating to Eligibility Criteria for TxHmL Program Services and CFC Services);
      (ii) if the individual's PDP includes CFC services:
        (I) the eligibility requirements for CFC services as described in §262.101(b) of this chapter to individuals who do not receive MAO Medicaid; and
        (II) the eligibility requirements for CFC services as described in §262.101(c) of this chapter to individuals who receive MAO Medicaid;
      (iii) all TxHmL Program services as described in §262.5 of this chapter (relating to Description of TxHmL Program Services) and all CFC services as described in §262.6 of this chapter (relating to Description of CFC Services);
      (iv) the reasons TxHmL Program services may be terminated as described in §262.507 of this chapter (relating to Termination of TxHmL Program Services and CFC Services with Advance Notice) and §262.508 of this chapter (relating to Termination of TxHmL Program Services and CFC Services without advance notice) or suspended as described in §262.505 of this chapter (relating to Suspension of TxHmL Program Services and CFC Services); and
      (v) if the individual's PDP includes CFC services, the reasons CFC services may be terminated as described §262.507 of this chapter and §262.508 of this chapter or suspended as described in §262.505 of this chapter.
  (2) The HHSC HCS/TxHmL CFC PAS/HAB Assessment form required by paragraph (1)(B)(ii) of this subsection must be completed in person with the individual unless the following conditions are met, in which case the form may be completed by videoconferencing or telephone:
    (A) the service coordinator gives the individual the opportunity to complete the form in person in lieu of completing it by videoconferencing or telephone and the individual agrees to the form being completed by videoconferencing or telephone; and
    (B) the individual receives appropriate in-person support during the completion of the form by videoconferencing or telephone.
  (3) The service coordinator must convene a meeting with the service planning team to develop a revised IPC and update the PDP if:
    (A) a new service is being added to or a current service is being removed from the IPC; or
    (B) the amount of a service is being increased or decreased and requires the addition of, removal of, or a change to an outcome in the PDP.
  (4) The service coordinator must ensure that the updated finalized PDP is signed by the individual or LAR.
  (5) If the amount of an existing service on an IPC is being increased or decreased or a requisition fee is added or removed and the addition of, removal of, or a change to an outcome in the PDP is not required, the service coordinator is not required to convene a meeting with the service planning team to develop a revised IPC, but must document the reasons for the revised IPC.
  (6) A service coordinator must:
    (A) sign and date the renewal or revised IPC;
    (B) ensure that the individual or LAR signs and dates the renewal or revised IPC and provides the signed and dated IPC to the service coordinator in person, electronically, by fax, or by United States mail;
    (C) ensure that the program provider signs and dates the renewal or revised IPC demonstrating agreement that the services will be provided to the individual;
    (D) after the renewal or revised IPC is signed and dated, enter information from the renewal or revised IPC in the HHSC data system and electronically submit the information to HHSC;
    (E) ensure that the information entered in the HHSC data system and electronically submitted to HHSC is identical to the information on the original signed and dated renewal or revised IPC; and
    (F) keep the original signed and dated renewal or revised IPC in the individual's record.
  (7) The service coordinator, within 10 calendar days after the PDP is updated, must send a copy of the following to the program provider, the individual or LAR and, if applicable, the FMSA:
    (A) the updated PDP;
    (B) the renewal or revised IPC; and
    (C) if CFC PAS/HAB is included on the PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form.
  (8) The program provider must convene a meeting with the individual or LAR to develop, before the effective date of the renewal IPC or revised IPC:
    (A) an implementation plan for:
      (i) TxHmL Program services, except for community support, that is based on the individual's PDP and renewal IPC; and
      (ii) CFC services, except for CFC support management, that is based on the individual's PDP, and renewal or revised IPC, and if CFC PAS/HAB is included on the PDP, the completed HHSC HCS/TxHmL CFC PAS/HAB Assessment form; and
    (B) a transportation plan, if community support is included on the PDP.
(b) If an individual or LAR requests support management during an IPC year, the service coordinator must revise the IPC as described in subsection (a)(3) of this section.

Source Note: The provisions of this §262.302 adopted to be effective March 1, 2023, 48 TexReg 1055