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As necessary to implement this subchapter, the commission shall:
(1) ensure that an appropriate number of openings for waiver services that become available as a result of funding for transferring individuals with disabilities into community-based services are made available to both children and adults;
(2) ensure that service definitions applicable to waiver services are modified as necessary to permit the provision of waiver services through family-based alternatives;
(3) ensure that procedures are implemented for making a level of care determination for each child and identifying the most appropriate waiver service for the child, including procedures under which the commission’s director of long-term care, after considering any preference of the child’s birth family or alternative family, resolves disputes among agencies about the most appropriate waiver service; and
(4) require that the health and human services agency responsible for providing a specific waiver service to a child also assume responsibility for identifying any necessary transition activities or services.


Text of section effective on April 01, 2025