SECTION 904.151. Review by Local MRA of Individual in a Community Living Arrangement

(a) Upon written notification to MRAs from the department identifying individuals who moved from a state MR facility into an alternative living arrangement prior to September 1, 1997, a planning team organized by the designated MRA must review each identified individual's:

(1) treatment and habilitation in the alternative living arrangement; and

(2) need, if any, for monitoring.

(b) The designated MRA must notify the individual with the ability to provide legally adequate consent or LAR, if any, in writing of the intent to conduct the review and request suggestions of convenient times and locations. If the individual does not have the ability to provide legally adequate consent and does not have an LAR, notice of the intent to conduct the review with a request for convenient times and locations must be sent to an actively involved family member or friend.

(1) The notice must explain the purpose of the review and state that the review may result in the discharge of the individual from the state MR facility designated in CARE for that individual.

(2) Copies of the notice must be sent to the individual's provider and the state MR facility with a request for suggestions of convenient times and locations for the review.

(c) The review must be scheduled at a time and location mutually agreeable to all members of the planning team and conducted using the Guidelines for Determining Level of Monitoring by Designated MRA, copies of which are available from the Office of State Mental Retardation Facilities, TDMHMR. P.O. Box 12668, Austin, Texas 78711-2668. The review must address:

(1) the level of satisfaction in the alternative living arrangement on the part of the individual, LAR, or actively involved family member or friend;

(2) behavioral issues;

(3) employment/vocation issues;

(4) medical issues;

(5) provider issues; and

(6) any other issues which are of concern to any member of the planning team.

(d) If a need for monitoring activities is identified by the planning team during the review, the designated MRA must send a letter to all members of the planning team that describes:

(1) the type of monitoring activities recommended by the planning team;

(2) the persons responsible for conducting the monitoring activities;

(3) a timeline for accomplishing the monitoring activities; and

(4) a tentative date for the planning team to reconvene and review whether the individual is being successfully treated and habilitated in that alternative living arrangement and the individual's need, if any, for continued monitoring.

(e) If the planning team determines that monitoring activities for the individual are not needed, the designated MRA must notify the state MR facility, in writing, with copies to all members of the planning team.

(f) An individual may be discharged from the state MR facility designated in CARE pursuant to THSC, Chapter 594, if the state MR facility determines 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 alternative living arrangement.

(g) Upon receipt of a notification from an MRA as described in subsection (e) of this section, the state MR facility may conclude that the criteria described in subsection (f) of this section have been met and, if so, will:

(1) document the receipt of the notification and the findings of the planning team;

(2) send notice of the intent to discharge in accordance with §414.155 of this title (relating to Notice); and

(3) if the individual was committed under the THSC, Chapter 593, Subchapter C, notify the committing court of the discharge from the state MR facility as required in THSC, §594.018.

(h) As a courtesy, the state MR facility will send 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.

(i) If the individual or LAR, or another person as the representative for the individual or LAR, requests an administrative hearing before the proposed date of the discharge, the state MR facility will arrange for the hearing following the policies and procedures described in Chapter 414, Subchapter D of this title (relating to Administrative Hearings Under the PMRA ).

(j) 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 will:

(1) initiate the discharge entry into CARE;

(2) notify the individual, LAR, if any, or actively involved family member or friend in writing that discharge has been completed;

(3) notify the committing court, as required by THSC, §594.018, of the discharge if the individual was committed under THSC, Chapter 593; and

(4) send written notification to the designated MRA and provider that discharge has been completed.

Source Note: The provisions of this §904.151 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