(a) When a designated resident moves from one NF to another NF within the same contract area and the same local service area without an intervening hospital stay, the habilitation coordinator must determine whether the designated resident, or LAR on the designated resident's behalf, wants to select a new service provider agency or continue receiving IHSS from the current service provider agency.
(b) If the designated resident or LAR elects to have IHSS delivered by the current service provider agency:
  (1) the habilitation coordinator must document the designated resident's or LAR's choice and ensure the service provider agency is invited to the SPT meeting;
  (2) the designated resident may continue receiving, or suspend, any authorized IHSS that was delivered at the transferring NF until:
    (A) the receiving NF has convened the initial IDT meeting;
    (B) the IHSS assessments have been reviewed in accordance with §368.302 of this chapter (relating to Renewal and Revision of a Plan of Care); and
    (C) HHSC has authorized the IHSS to be delivered at the receiving NF; and
  (3) at the initial IDT meeting:
    (A) the IDT reviews the designated resident's IHSS;
    (B) the IDT may request a new assessment for any IHSS;
    (C) the habilitation coordinator develops an initial plan of care and obtains signatures from the required parties; and
    (D) the habilitation coordinator revises the HSP as necessary.
(c) If the designated resident chooses to select a new service provider agency:
  (1) the habilitation coordinator and new service provider agency must comply with §368.203 of this chapter (relating to Process for Provider Selection) and §368.204 of this chapter (relating to Process for Service Initiation);
  (2) the new service provider agency must ensure IHSS are not delivered until HHSC has authorized the IHSS on the plan of care; and
  (3) the previous service provider agency must respond to the habilitation coordinator's requests for information or documentation related to the designated resident's IHSS within three business days of the request.

Source Note: The provisions of this §368.502 adopted to be effective September 1, 2021, 46 TexReg 4151