Aging and Disability Services Council Sharon Swift Butterworth ...

§48.6104. Crisis Intervention Requiring Immediate Suspension or Reduction of Services
Without Advance Notice.
(a) If the [begin addition] individual [end addition] [begin deletion] participant [end deletion]
or someone in the [begin addition] individual's home [end addition] [begin deletion] participant's
place of residence [end deletion] exhibits reckless behavior [begin addition] that [end addition]
[which] may result in imminent danger to the health and safety of service providers, the [begin
addition] DADS [end addition] [begin deletion] Texas Department of Human Services (DHS)
[end deletion] case manager and [begin addition] the CBA [end addition] [begin deletion]
Community Based Alternatives (CBA) [end deletion] provider [begin addition] must: [end
addition] [begin deletion] agency are required to make an immediate referral for appropriate
crisis intervention services to the Texas Department of Protective and Regulatory Services and/or
the police and suspend CBA services. Suspension of services is defined in §48.6002 of this title
(relating to Community Based Alternatives (CBA) Definitions). [end deletion]
[begin addition] (1) immediately file a report with the appropriate law enforcement agency
and, if appropriate, make an immediate referral to the Department of Family and Protective
Services for appropriate crisis intervention services; and
(2) immediately suspend the individual's CBA services. [end addition]
(b) The [begin addition] DADS [end addition] [DHS] case manager must immediately
provide written notice [begin addition] to the individual with a copy to the CBA provider [end
addition] of [begin addition] the [end addition] [begin deletion] temporary [end deletion]
suspension [begin addition] of CBA services [end addition] [begin deletion] to the participant
and the right of appeal to a fair hearing must be explained to the participant [end deletion]. The
written [begin addition] notice [end addition] [begin deletion] notification [end deletion] must
specify:
[begin addition] (1) [end addition] the reason for [begin addition] suspension of services;
[begin deletion] denial/suspension, [end deletion]
[begin addition] (2) [end addition] the effective date [begin addition] of the suspension; [,]
[begin addition] (3) [end addition] the regulatory reference; [,] and
[begin addition] (4) information regarding the individual's right to request a fair hearing in
accordance with §48.6010 of this subchapter (relating to Individual's Right to Appeal) [end
addition] [begin deletion] the right of appeal [end deletion].
(c) The CBA provider [begin deletion] agency [end deletion] must [begin deletion] verbally
[end deletion] inform the [begin addition] DADS [end addition] [begin deletion] DHS [end
deletion] case manager [begin addition] by phone by the following [begin addition] DADS [end
addition] [begin deletion] DHS [end deletion] workday of the reason for the immediate
suspension and follow up with written notification to [begin addition] DADS [end addition]
[begin deletion] DHS [end deletion] within two [begin addition] DADS [end addition] [begin
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