26 Tex. Admin. Code § 331.11
LIDDA's Responsibilities
Effective Oct 19, 202550 TexReg 6669Source Note: The provisions of this §331.11 adopted to be effective August 31, 2004, 29 TexReg 8313; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective August 1, 2005, 30 TexReg 4334; amended to be effective June 1, 2010, 35 TexReg 4439; amended to be effective March 20, 2016, 41 TexReg 1864; transferred effective July 1, 2022, as published in the Texas Register June 3, 2022, 47 TexReg 3275; amended to be effectTexas Secretary of State
(a) If a LIDDA determines an individual is eligible for and desires service coordination, the LIDDA must develop a plan of services and supports for the individual using person-centered planning that is consistent with the HHSC Person-Centered Planning Guidelines.
- (1) For the TxHmL and HCS Programs, the person-directed plan (PDP), as defined in §262.3 and §263.3 of this title (relating to Definitions), respectively, qualifies as a plan of services and supports.
- (2) For an individual receiving CFC services through an MCO, a completed HHSC Community First Choice Assessment form qualifies as a plan of services and supports.
(b) A LIDDA must ensure that service coordination:
- (1) is provided to an individual in accordance with the individual's plan of services and supports; and
- (2) is not provided by an employee who is a relative of the individual or who has the same residence as the individual.
- (c) A LIDDA may provide crisis prevention and management to an individual without having first identified the need for such services in the individual's plan of services and supports.
(d) A LIDDA must complete the HHSC Service Coordination Assessment form:
- (1) at intake to determine an individual's eligibility;
- (2) when the individual's needs change and the frequency of in-person contact in the individual's plan of services and supports needs to be revised; and
- (3) at least annually.
(e) The HHSC Service Coordination Assessment must:
- (1) be completed by the service coordinator with the individual, or individual and LAR when applicable; and
- (2) identify the frequency of in-person service coordination contact.
(f) A LIDDA must ensure that a service coordinator revises an individual's plan of services and supports:
(1) if:
- (A) the individual's needs change; or
- (B) the individual, LAR or actively involved person, service provider, or other person provides relevant information indicating the appropriateness of revising the plan; and
- (2) using person-centered planning that is consistent with the HHSC Person-Centered Planning Guidelines.
- (g) Service coordination, during both comprehensive and follow-up encounters, must involve at least one of the four elements listed in the definition of "service coordination" in §331.5 of this chapter (relating to Definitions).
(h) A LIDDA must ensure that a service coordinator meets with an individual in person in accordance with one of the following, whichever is the most frequent:
- (1) at least once every 90 days or more frequently in accordance with the HHSC Service Coordination Assessment form; or
(2) for the minimum number of in-person contacts required by:
- (A) rules or other requirements of the program or services in which the individual is enrolled; or
- (B) a contract between HHSC and the LIDDA.
(i) A service coordinator may meet with an individual via audio-only or audio-visual communication for a comprehensive encounter:
- (1) in a month when minimum in-person contact in accordance with subsection (h) of this section is not required; and
(2) if, before the service coordinator conducts the meeting using audio-only or audio-visual communication, the service coordinator obtains:
- (A) the written consent of the individual or LAR, which may only be effective for up to a year; or
- (B) the individual's or LAR's verbal consent, which may only be effective for that encounter, and documents the verbal consent in the individual's record.
(j) If a service coordinator does not obtain an individual's or LAR's written or verbal consent required by subsection (i)(2)(A) or (B) of this section respectively, the service coordinator must:
- (1) document the individual's or LAR's refusal to receive a comprehensive encounter via audio-only or audio-visual communication in the individual's record; and
- (2) conduct the comprehensive encounter in person.
(k) If a service coordinator identifies a concern with implementation of the plan of services and supports, the LIDDA must:
- (1) communicate the concern to the entity providing the services and supports; and
- (2) ensure the entity makes attempts to resolve the concern.
(l) In addition to the requirements in this chapter, a LIDDA must ensure service coordination is provided to individuals enrolled in the TxHmL Program in accordance with:
- (1) Chapter 262 of this title (relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC)); and
- (2) Chapter 264 of this title (relating to Consumer Directed Services Option)).
(m) In addition to the requirements in this chapter, a LIDDA must ensure service coordination is provided to individuals enrolled in the HCS Program in accordance with:
- (1) Chapter 263 of this title (relating to Home and Community-based Services (HCS) Program and Community First Choice (CFC)); and
- (2) Chapter 264 of this title.
Source Note:The provisions of this §331.11 adopted to be effective August 31, 2004, 29 TexReg 8313; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective August 1, 2005, 30 TexReg 4334; amended to be effective June 1, 2010, 35 TexReg 4439; amended to be effective March 20, 2016, 41 TexReg 1864; transferred effective July 1, 2022, as published in the Texas Register June 3, 2022, 47 TexReg 3275; amended to be effective October 19, 2025, 50 TexReg 6669.