(a) The habilitation coordinator must, upon receiving notice of a designated resident's or LAR's intention to transfer to another service provider agency:
  (1) confirm the designated resident or LAR wants to transfer;
  (2) explain that the designated resident or LAR may transfer to the service provider agency of the designated resident's or LAR's choice and provide the designated resident or LAR the names and contact information of all service provider agencies that are in the contract area of the designated resident's NF;
  (3) document in the designated resident's record the date the transfer request was received; and
  (4) make transfer arrangements, including completing appropriate documentation, in accordance with the IDD PASRR Handbook with:
    (A) the designated resident or LAR;
    (B) the transferring service provider agency; and
    (C) the receiving service provider agency.
(b) The habilitation coordinator must establish an effective date for the designated resident's transfer that is:
  (1) a future date; and
  (2) agreed to by the habilitation coordinator, the designated resident or LAR, and the receiving service provider agency.
(c) The transferring service provider agency and receiving service provider agency must cooperate with the habilitation coordinator's efforts to coordinate the designated resident's transfer by:
  (1) responding to requests for information or documentation related to the designated resident's IHSS within three business days of the request;
  (2) providing timely documentation to allow the habilitation coordinator to complete forms in accordance with the IDD PASRR Handbook; and
  (3) participating in meetings related to the designated resident's transfer in person or by phone, if requested.
(d) Before the transfer effective date, the habilitation coordinator must convene a transfer meeting with, at a minimum, the designated resident or LAR, the receiving service provider agency, and the NF to:
  (1) determine which IHSS may require a new assessment;
  (2) develop a transfer plan of care; and
  (3) update the HSP.
(e) The habilitation coordinator may invite other parties to the transfer meeting as requested or approved by the designated resident or LAR.
(f) The LIDDA must submit the following to HHSC before the effective date of the transfer:
  (1) the designated resident's transfer plan of care; and
  (2) forms completed in accordance with the IDD PASRR Handbook.
(g) The plan dates of an initial plan of care or renewal plan of care do not change upon a designated resident's transfer to another service provider agency under this section.
(h) HHSC will not pay for IHSS delivered by the receiving service provider agency prior to the transfer effective date.

Source Note: The provisions of this §368.501 adopted to be effective September 1, 2021, 46 TexReg 4151