(a) At a facility other than a state school or state
center, the IDT must discuss living options with the individual and
LAR at least annually or upon the request of the individual or LAR.
The facility must use the Community ICF/MR Living Options instrument,
copies of which are available on the department's website at www.mhmr.state.tx.us/CentralOffice/Medicaid/i.html
or by contacting Office of Medicaid Administration, Texas Department
of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas
78711. State schools and state centers must discuss living options
with the individual and LAR in accordance with §412.274 of this
title (relating to Consideration of Living Options for Individuals
Residing in State MR Facilities).
(1) During the discussion, the IDT must use information
obtained from the MRA in whose local service area the facility is
located to inform the individual and LAR of the different types of
alternative living arrangements, including:
(A) other ICF/MR Program providers--state schools and
state centers and community-based ICF/MRs;
(B) waiver services under §1915(c) of the Social
Security Act; and
(C) other community-based services and supports.
(2) The IDT must document the discussion in the IDT
summary and file the summary in the individual's record.
(3) If the individual or LAR expresses interest in
an alternative living arrangement, the program provider must send
a copy of the IDT summary to the MRA in whose local service area
the facility is located.
(b) If an MRA receives an IDT summary, the MRA must,
within 30 days after receiving the IDT summary:
(1) contact the individual or LAR to discuss the alternative
living arrangements in which the individual or LAR has expressed an
interest; and
(2) determine if the individual or LAR is interested
in seeking an alternative living arrangement in another MRA's local
service area and, if so, notify the MRA for that local service area.
(c) The MRA for the local service area in which the
individual or LAR is interested in seeking an alternative living arrangement
must:
(1) enter on the Client Assignment and Registration
(CARE) system the individual's name and the specific type of service
requested, if that service will not be available within 30 days of
the date of request; and
(2) assist the individual or LAR in accessing the service
requested when it becomes available.
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Source Note: The provisions of this §261.223 adopted to be effective September 1, 2001, 26 TexReg 5384; amended to be effective March 31, 2002, 27 TexReg 2475; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |