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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 307BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER DOUTPATIENT COMPETENCY RESTORATION
RULE §307.165Discharge Requirements

(a) When an OCR provider discharges an individual from OCR services upon completion of court-ordered participation in the OCR program, the OCR provider must provide continuity of care services. Discharge planning begins upon admission into the OCR program and includes:

  (1) a plan for maintaining housing and utilities for three months or more after discharge;

  (2) coordination of ongoing services through the LMHA or LBHA in the individual's county of residence or the individual's designated LIDDA as provided in section 5000 of the LIDDA handbook available on HHSC's website;

  (3) the provision of medication and documentation of a scheduled psychiatric follow-up appointment after discharge;

  (4) completion of all appropriate benefits applications on behalf of any individual, including signing up for long-term subsidized housing;

  (5) confirmation that an assisted living facility to which an individual is referred is licensed under Texas Health and Safety Code Chapter 247 and Chapter 553 of this title (relating to Licensing Standards for Assisted Living Facilities) by contacting the HHSC Assisted Living Facility Licensing and Certification Unit, if applicable;

  (6) coordination of appropriate transfer to an inpatient treatment facility, if applicable; and

  (7) coordination of appropriate transfer if returned to custody.

(b) For an unplanned discharge, an OCR provider must:

  (1) notify the court of the unplanned discharge;

  (2) make efforts to assist in facilitating service coordination with the LMHA or LBHA in the individual's county of residence or the individual's designated LIDDA to ensure the individual's continuity of care; and

  (3) document continuity of care efforts in the individual's medical record.

(c) An OCR provider must document the reasons for the individual's failure to complete the OCR program in the individual's record, if applicable.

(d) Before an individual is discharged from an OCR program, an OCR provider must collaborate with courts to encourage timely resolution of legal issues.


Source Note: The provisions of this §307.165 adopted to be effective February 9, 2021, 46 TexReg 918; amended to be effective February 9, 2023, 48 TexReg 519

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