(a) When a designated resident moves from one NF to another NF within the same local service area but in a different contract area without an intervening hospital stay, the habilitation coordinator must:
  (1) notify the service provider agency and determine whether the service provider agency has a contract in the new contract area; and
  (2) if the service provider agency has a contract in the new contract area, determine whether the designated resident wants to select a new service provider agency or continue receiving IHSS from the current service provider agency.
(b) If the service provider agency has a contract in the new contract area and the designated resident or LAR elects to receive IHSS from the same service provider agency, the service provider agency may continue to deliver IHSS in accordance with §368.502(b) of this subchapter (relating to Transfer between Nursing Facilities in the Same Contract Area and Local Service Area).
(c) If the designated resident or LAR 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 §368.503 adopted to be effective September 1, 2021, 46 TexReg 4151