| (C) date of discharge from the state MR facility.
(d) If the provider does not actively participate in
the development of the community living/discharge plan before the
individual is moved from the state MR facility to the alternative
living arrangement, the IDT will inform the individual or LAR of the
circumstances.
(1) The individual with the ability to provide legally
adequate consent or the LAR has the option of:
(A) continuing with the move after resolution of the
problems;
(B) continuing with the move without resolution of
the problems with the understanding that the individual will be discharged
from the state MR facility 30 calendar days after the move; or
(C) selecting another provider.
(2) If the individual does not have the ability to
provide legally adequate consent and does not have an LAR, then the
individual will remain in the state MR facility until:
(A) the problems are resolved (in a reasonable period
of time as determined by the IDT) and community living/discharge plan
is completed satisfactorily; or
(B) another provider is selected by the IDT because
the problems cannot be resolved.
(e) In the event that issues cannot be resolved during
the development or implementation of the community living/discharge
plan, the issue may be forwarded to the commissioner or designee for
review and recommended action.
(f) If, following the individual's move to the community,
the provider doesn't comply with the provisions of the community living/discharge
plan and the MRA(s) has exhausted all options to resolve the conflict,
the IDT at the state MR facility will be reconvened.
(1) If the IDT determines that the individual with
the ability to provide legally adequate consent or the LAR wants to
continue with the alternative living arrangement the IDT will recommend
to the head of the state MR facility that the individual be discharged
from the state MR facility within 30 calendar days of the IDT meeting
and that monitoring activities required by the community living/discharge
plan be discontinued.
(2) If the IDT determines that the individual with
the ability to provide legally adequate consent or the LAR is not
satisfied with the alternative living arrangement and the issues are
not resolved, the individual or LAR may request that the IDT reconvene
to address the issues causing the dissatisfaction and to assist the
individual or LAR to find another alternative living arrangement.
(3) If the individual does not have the ability to
provide legally adequate consent and does not have an LAR, the IDT
will research the situation and will refer the issue to the commissioner
or designee for review and recommended action. If it is determined
that the individual should be removed from the provider's services,
the IDT and MRA(s) will work cooperatively to find alternative services.
(g) If during the term of this plan representatives
of the department and staff of the MRA have evidence to believe that
an individual is in an unsafe environment or that the individual's
needs are not being met, they will immediately notify:
(1) the appropriate licensing or regulatory agency;
(2) the LAR; and
(3) the state MR facility from which the individual
moved.
(h) If the necessity for an out-of-state transfer is
indicated, the state MR facility will contact the department's Interstate
Compact coordinator in Central Office.
|
| Source Note: The provisions of this §904.107 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397 |
