(a) A provider may develop a service plan that includes, at the request of the individual, services provided while the individual is temporarily staying at a location outside the provider's contracted service delivery area but within the State of Texas.
(b) The service plan must not exceed the weekly authorized hours.
(c) The provider may accept or decline the request of an individual for the provision of services while the individual is temporarily staying at a location outside the contracted service delivery area but within the State of Texas.
  (1) If the provider accepts the individual's request, the provider:
    (A) may provide services to the individual during a period of no more than 60 consecutive days;
    (B) must, within three days after the provider begins providing services to the individual, notify the DADS regional designee in writing of the following:
      (i) that the individual is receiving services outside the provider's contracted service delivery area;
      (ii) the location where the individual is receiving services;
      (iii) the estimated length of time the individual is expected to be outside the contracted service delivery area; and
      (iv) contact information for the individual;
    (C) must notify the DADS regional designee in writing that the individual has returned to the provider's contracted service delivery area within three working days after becoming aware of the individual's return; and
    (D) is not required to pay for expenses incurred by attendants delivering services outside the contracted service delivery area.
  (2) If the provider declines the request of an individual as described in subsection (a) of this section, the provider must orally inform the individual:
    (A) of the reasons for declining the request;
    (B) that the individual may request a meeting with the provider and the DADS regional designee to discuss the reasons for declining the request; and
    (C) within three days after declining the request, inform the DADS regional designee, in writing, that the request was declined and the reasons for declining the request.
(d) If an individual receives services outside the provider's contracted service delivery area during a period of 60 consecutive days, the individual must return to the contracted service delivery area and receive services in that service delivery area before the provider can agree to another request from the individual for provision of services outside the provider's contracted service delivery area.
(e) If the individual intends to remain outside the provider's contracted service delivery area for a period of more than 60 consecutive days, the provider must convene an interdisciplinary team meeting, including the DADS regional designee, as provided by §44.502 of this chapter (relating to Convening an Interdisciplinary Team) to consider options available to the individual for continuation of services.

Source Note: The provisions of this §275.105 adopted to be effective October 1, 2013, 38 TexReg 6606; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983