| (a) An individual who moves from a state MR facility
into an alternative living arrangement may be discharged from the
state MR facility of record pursuant to THSC, Chapter 594, if the
state MR facility determines and documents in the individual's Community
Living/Discharge plan or other record that:
(1) the individual's needs are better served in a setting
other than a state MR facility; and
(2) the individual is being successfully treated and
habilitated in the current community living arrangement.
(b) Upon receipt of a recommendation from an MRA as
referenced in §412.278(c)(5)(C) of this title (relating to Community
Living/Discharge Plan for Alternative Living Arrangements), the state
MR facility may determine that the criteria described in subsection
(a) of this section have been met and, if so, will:
(1) document in the individual's record the receipt
of the notification; and
(2) send notice of the intent to discharge in accordance
with §414.155 of this title (relating to Notice).
(c) If the individual was committed under the PMRA,
the committing court will be notified of the discharge from the state
MR facility as required in THSC, §594.018.
(d) As a courtesy, the facility sends written notice
of the intent to discharge to the actively involved family member
or friend of the individual who does not have an LAR, unless the individual
has requested that those persons not be notified of information regarding
the individual.
(e) If the individual or the LAR, or another person
as the representative for the individual or LAR, requests an administrative
hearing before the proposed date of the discharge, the facility of
record will arrange for the hearing following the procedures described
in Chapter 414, Subchapter D of this title (relating to Administrative
Hearings Under the PMRA).
(f) If the individual or LAR does not request an administrative
hearing to contest the proposed discharge within the time period allowed
by §414.156 of this title (relating to Request for an Administrative
Hearing), the state MR facility:
(1) initiates the discharge entry into CARE;
(2) notifies the individual, LAR, if any, or actively
involved family member or friend in writing that discharge has been
completed;
(3) notifies the committing court, as required by THSC, §594.018,
of the discharge if the individual was committed under THSC, Chapter
593; and
(4) sends written notification to the designated MRA
and provider that discharge has been completed.
|
| Source Note: The provisions of this §904.125 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 |
