The program provider must provide TAS in accordance with this section.
  (1) The program provider must:
    (A) provide TAS to an applicant for whom the program provider receives from the service coordinator a completed Form 8604, Transition Assistance Services (TAS) Assessment and Authorization authorized by HHSC, as described in §263.104(k)(6)(C) of this title (relating to Process for Enrollment of Applicants);
    (B) purchase TAS for the applicant within the monetary amount identified on the form;
    (C) deliver to the applicant the specific TAS identified on the form;
    (D) ensure TAS is provided in accordance with the individual's person-directed plan and Appendix C of the HCS Program waiver application approved by the Centers for Medicare and Medicaid and found on the HHSC website; and
    (E) complete the delivery of TAS at least two days before the date of the applicant's discharge from the nursing facility, ICF/IID, or GRO unless the delay in completion is beyond the control of the program provider.
  (2) If the program provider does not deliver TAS in accordance with paragraph (1) of this section, the program provider must:
    (A) document the following:
      (i) a description of the pending TAS;
      (ii) the reason for the delay;
      (iii) the date the program provider anticipates it will deliver the pending TAS or specific reasons why the program provider cannot anticipate a delivery date; and
      (iv) a description of the program provider's ongoing efforts to deliver the TAS; and
    (B) at least two days before the date of the applicant's discharge from the nursing facility, ICF/IID, or GRO, provide the information described in subparagraph (A) of this paragraph to:
      (i) the applicant or LAR; and
      (ii) the service coordinator.
  (3) Within one business day after the TAS has been delivered, the program provider must notify the service coordinator and the applicant or LAR that the TAS has been delivered.

Source Note: The provisions of this §565.21 adopted to be effective June 21, 2023, 48 TexReg 3246