(a) A LIDDA must assign a service coordinator for a designated resident if the designated resident, or the LAR on the designated resident's behalf, expresses an interest in moving to the community and has selected a community program.
(b) A service coordinator must facilitate the development, revisions, implementation, and monitoring of a transition plan in accordance with HHSC's IDD PASRR Handbook and using HHSC forms. A transition plan must identify the services and supports a designated resident needs to live in the community, including those essential supports that are critical to the designated resident's health and safety.
(c) The SPT for a designated resident must:
  (1) meet as convened by the service coordinator;
  (2) ensure that the designated resident, regardless of whether he or she has an LAR, participates in the SPT to the fullest extent possible and receives the support necessary to do so, including communication supports; and
  (3) conduct transition planning activities and develop a transition plan for the designated resident.
(d) Consistent with an SPT member's role, each SPT member must:
  (1) assist the service coordinator in developing, revising, implementing, and monitoring a designated resident's transition plan to ensure a successful transition to the community for the designated resident; and
  (2) participate in an SPT meeting in person, via audio-visual communication, or via audio-only communication, except as described in subsection (e) or (g) of this section.
(e) An SPT member who is a provider of a specialized service must participate in an SPT meeting, in person, via audio-visual communication, or via audio-only communication, unless the service coordinator determines participation by the provider is not necessary.
(f) If a service coordinator determines participation by a provider is not necessary as described in subsection (e) of this section, the service coordinator must:
  (1) base the determination on the needs of the SPT; and
  (2) document the reasons for exempting participation.
(g) At an SPT meeting convened by a service coordinator, the service coordinator must facilitate the SPT meeting in person, or in extenuating circumstances via audio-visual communication.
(h) For a designated resident who is transitioning to the community, a service coordinator must, in accordance with HHSC's IDD PASRR Handbook and using HHSC forms, conduct and document a pre-move site review of the designated resident's proposed residence in the community to determine whether all essential supports in the designated resident's transition plan are in place before the designated resident's transition to the community.
(i) If the SPT makes a recommendation that a designated resident continue to reside in a NF, the SPT must:
  (1) document the reasons for the recommendation; and
  (2) include in the designated resident's transition plan:
    (A) the barriers to moving to a more integrated setting; and
    (B) the steps the SPT will take to address those barriers.
(j) Before the service coordinator conducts the meetings described in subsection (g) of this section via audio-visual communication, the service coordinator must:
  (1) do one of the following:
    (A) obtain the written informed consent of the designated resident or LAR; or
    (B) obtain the oral consent of the designated resident or LAR and document the oral consent in the designated resident's record; and
  (2) document in the designated resident's record a description of the extenuating circumstances which required the use of audio-visual communication.
(k) If the service coordinator does not obtain the written or oral consent required by subsection (j) of this section, the service coordinator must:
  (1) document the designated resident's or LAR's refusal in the designated resident's record; and
  (2) convene an SPT meeting in person as soon as possible after the extenuating circumstances no longer exist.

Source Note: The provisions of this §303.701 adopted to be effective July 7, 2019, 44 TexReg 3265; amended to be effective September 1, 2021, 46 TexReg 5419; amended to be effective April 15, 2024, 49 TexReg 2287