(a)

1. (1) When a beneficiary transitions from one (1) provider to another provider the requirements of this section apply in addition to those in 20 CAR § 535-402.

2. (2) The requirements of this section apply to any provider-to-provider transfer, including without limitation when:

   1. (A) A beneficiary, or, if applicable, their legal guardian, elects to change providers; and
   2. (B) A provider declares a refusal to serve in accordance with 20 CAR § 535-404.

(c)

1. (1) The new provider must hold a transition conference to develop a transition plan for the beneficiary within fourteen (14) business days of issuing the notification required in subsection (b) of this section.
2. (2) If the new provider is unable to hold the transition conference within the required timeframe, reasonable justification for the delay must be documented.

(d)

1. (1) The transition plan must at a minimum include:

   1. (A) The effective date of the beneficiary’s transition to the new provider;
   2. (B) Any upcoming or pending medical, counseling, or other appointments for the beneficiary;
   3. (C) The date of the transition conference;
   4. (D) How the transition conference was held, i.e. in person, by phone, Zoom, etc.;
   5. (E) All individuals that attended the transition conference; and
   6. (F) Documentation or other evidence that demonstrated both the current and new provider’s consent to the transition plan, i.e. signatures on plan, email approval, etc.

2. (2) The following parties must participate in the transition conference:

   1. (A) Newly selected provider;
   2. (B) Current provider;
   3. (C) Assigned PASSE care coordinator; and
   4. (D) The beneficiary or, if applicable, the beneficiary’s legal guardian, unless they decline to attend.

(e)

1. (1) The current provider will remain responsible for the delivery of services until such time as the beneficiary’s transition to the new provider is complete, which shall not exceed ninety (90) days from the date of the transition conference.
2. (2) Any new provider not able to accept full responsibility for beneficiary service delivery within ninety (90) days from the date of the transition conference may be subject to the full array of available enforcement actions unless justified extenuating circumstances can be demonstrated.
3. (3) If a current provider is denied access to deliver services by the beneficiary or the beneficiary’s family/guardian before transition to the new provider is complete, then the current provider must specifically document its attempts and the family/guardian’s denial of access to provide services.