1. (a) A LIDDA, LMHA, or LBHA, as applicable, must:

   1. (1) enter in the LTC online portal the data from a PL1 completed by a referring entity in accordance with §303.201(a)(1) of this chapter (relating to Preadmission Process) for an individual who is suspected of having MI, ID, or DD and who is seeking admission to a nursing facility through the preadmission process; and

   2. (2) complete a PE or resident review as follows:

      1. (A) within 72 hours after receiving a copy of the PL1 from the referring entity in accordance with §303.201(a)(1)(B) of this chapter or notification from the LTC online portal in accordance with §303.202 or §303.204(a) of this chapter (relating to Expedited Admission Process and Resident Review Process, respectively):

         1. (i) call the referring entity or nursing facility to schedule the PE or resident review; and
         2. (ii) meet face-to-face with the individual or resident at the referring entity or nursing facility to gather information to complete the PE or resident review; and

      2. (B) within seven days after receiving a copy of the PL1 from the referring entity or notification from the LTC online portal:

         1. (i) complete the PE or resident review by:

            1. (I) reviewing the individual's or resident's:

               (-a-) medical records;

               (-b-) relevant service records, including those available in online databases, such as the Client Assignment and Registration (CARE) system, Clinical Management for Behavioral Health Services (CMBHS), and LTC online portal; and

               (-c-) previous PEs, service plans, and assessments from other LIDDAs, LMHAs, or LBHAs;

            2. (II) meeting face-to-face with the individual's or resident's LAR or communicating with the LAR by telephone if the LAR is not able to meet face-to-face;
            3. (III) communicating with a collateral contact as necessary;
            4. (IV) providing information to the individual seeking admission or resident and the individual's or resident's LAR, if any, about community services, supports, and programs for which the individual or resident may be eligible; and
            5. (V) obtaining additional information as needed; and
         2. (ii) enter the data from the PE or resident review in the LTC online portal.
2. (b) If an individual seeking admission to a nursing facility or a resident has a PE or resident review that is positive for ID, DD, or MI and a nursing facility certifies in the LTC online portal that it cannot meet the needs of the individual or resident, then the LIDDA, LMHA, or LBHA, as applicable, must assist the individual, resident, or LAR in choosing another nursing facility that will certify it can meet the needs of the individual or resident.

3. (c) If an individual seeking admission to a nursing facility or a resident has a PE or resident review that is positive for ID, DD, or MI and a nursing facility certifies in the LTC online portal that it can meet the needs of the resident or certifies in the LTC online portal that it can meet the needs of the individual and admits the individual, the LIDDA, LMHA or LBHA, as applicable, must:

   1. (1) coordinate with the nursing facility to schedule an IDT meeting to discuss specialized services:

      1. (A) for a PE, within 14 days after admission; or
      2. (B) for a resident review, within 14 days after the LTC online portal generated an automated notification to the LIDDA, LMHA, or LBHA;

   2. (2) participate in the resident's IDT meeting as scheduled by the nursing facility to, in collaboration with the other members of the IDT:

      1. (A) identify which of the specialized services recommended for the resident that the resident, or LAR on the resident's behalf, wants to receive;
      2. (B) identify the nursing facility PASRR support activities for the resident; and
      3. (C) determine whether the resident is best served in a facility or community setting;

   3. (3) within five business days after receiving notification from the LTC online portal that the nursing facility entered information from the IDT meeting, confirm that the following information is in the LTC online portal, in accordance with HHSC instructions:

      1. (A) the LIDDA, LMHA, or LBHA representative who participated in the IDT meeting; and
      2. (B) all specialized services that were agreed to in the IDT meeting; and

   4. (4) if Medicaid or other funding is available:

      1. (A) initiate IDD habilitative specialized services or MI specialized services within 20 business days after the date of the IDT meeting; and
      2. (B) provide the IDD habilitative specialized services or MI specialized services agreed upon in the IDT meeting to the resident.

Source Note:The provisions of this §303.302 adopted to be effective July 7, 2019, 44 TexReg 3265.