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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER DMENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE
DIVISION 5DISCHARGE AND ABSENCES FROM A STATE MENTAL HEALTH FACILITY OR FACILITY WITH A CONTRACTED PSYCHIATRIC BED
RULE §306.201Discharge Planning

    (B) documents the CRCG referral in the discharge plan.

(g) Notice to the designated LMHA, LBHA, or LIDDA. At least 24 hours before an individual's planned discharge or ATP, and no later than 24 hours after an unexpected discharge, an SMHF or facility with a CPB notifies the designated LMHA, LBHA, or LIDDA of the anticipated or unexpected discharge and conveys the following information about the individual:

  (1) identifying information, including address;

  (2) legal status (e.g., regarding guardianship, charges pending, or custody if the individual is a minor);

  (3) the day and time the individual will be discharged or on an ATP;

  (4) the individual's destination after discharge or ATP;

  (5) pertinent medical information;

  (6) current medications;

  (7) behavioral data, including information regarding COPSD; and

  (8) other pertinent treatment information, including the discharge plan.

(h) Discharge packet.

  (1) At a minimum, a discharge packet must include:

    (A) the discharge plan;

    (B) referral instructions, including:

      (i) SMHF or facility with a CPB contact person;

      (ii) name of the designated LMHA, LBHA, or LIDDA continuity of care worker;

      (iii) names of community resources and providers to whom the individual is referred, including contacts, appointment dates and times, addresses, and phone numbers;

      (iv) a description of to whom or where the individual is released upon discharge, including the individual's intended residence (address and phone number);

      (v) instructions for the individual, LAR, and primary care giver as applicable;

      (vi) medication regimen and prescriptions, as applicable; and

      (vii) dated signature of the individual or LAR and a member of the SMHF or facility with a CPB treatment team;

    (C) copies of all available, pertinent, current summaries, and assessments; and

    (D) the treating physician's orders.

  (2) At discharge or ATP, the SMHF or facility with a CPB provides a copy of the discharge packet to the individual. Individuals may request additional records. If the requested records are reasonably likely to endanger the individual's life or physical safety, these records can be withheld. Documentation of the determination to withhold records is required in the individual's medical record.

  (3) Within 24 hours after discharge or ATP, the SMHF or facility with a CPB sends a copy of the discharge packet to:

    (A) the designated LMHA, LBHA, or LIDDA; and

    (B) the providers to whom the individual is referred, including:

      (i) an LMHA or LBHA network provider, if the LMHA or LBHA is responsible for ensuring the individual's services after discharge or while on an ATP;

      (ii) an alternate provider, if the individual requested referral to an alternate provider; and

      (iii) a county jail, if the individual will be taken to the county jail upon discharge.

(i) Unexpected Discharge.

  (1) The SMHF or facility with a CPB and the designated LMHA, LBHA, or LIDDA must make reasonable efforts to provide discharge planning for an individual discharged unexpectedly.

  (2) If there is an unexpected discharge, the facility social worker or a staff with an equivalent credential to a social worker must document the reason for not completing discharge planning activities in the individual's record.

(j) Transportation. An SMHF or facility with a CPB must:

  (1) initiate and secure transportation in collaboration with an LMHA or LBHA to a planned location after an individual's discharge; and

  (2) inform a designated LMHA, LBHA, or LIDDA of an individual's transportation needs after discharge or an ATP.

(k) Discharge summary.

  (1) Within ten days after an individual's discharge, the individual's physician of the SMHF or facility with a CPB completes a written discharge summary for the individual.

  (2) Within 21 days after an individual's discharge from a LMHA or LBHA the LMHA or LBHA must complete a written discharge summary for the individual.

  (3) Written discharge summary includes:

    (A) a description of the individual's treatment and their response to that treatment;

    (B) a description of the level of care for services received;

    (C) a description of the individual's level of functioning at discharge;

    (D) a description of the individual's living arrangement after discharge;

    (E) a description of the community services and supports the individual will receive after discharge;

    (F) a final diagnosis based on the current edition of the DSM; and

    (G) a description of the amount of medication available to the individual, if applicable.

  (4) The discharge summary must be sent to the individual's:

    (A) designated LMHA, LBHA, or LIDDA, as applicable; and

    (B) providers to whom the individual was referred.

  (5) Documentation of refusal. If the individual, the individual's LAR, or the individual's caregivers refuse to participate in the discharge planning, the circumstances of the refusal must be documented in the individual's record.

(l) Care after discharge. An individual discharged from an SMHF or facility with a CPB is eligible for:

  (1) community transitional services for 90 days if referred to an LMHA or LBHA; or

  (2) ongoing services.


Source Note: The provisions of this §306.201 adopted to be effective May 20, 2020, 45 TexReg 3301

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