SECTION 904.45. MRA Referral of an Applicant to a State MR Facility

(a) If an individual or LAR requests residential services in a state MR facility, the designated MRA must provide an oral and written explanation as described in §5.159(c) of this title (relating to Assessment of Individual's Need for Services and Supports).

(b) If the MRA's IDT determines that an applicant meets the criteria described in §2.255 of this subchapter (relating to Criteria for Commitment and Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA) or §2.257 of this subchapter (relating to Criteria for Commitment of a Minor to a State MR Facility Under the PMRA), the MRA will:

(1) notify the applicant or LAR in writing;

(2) contact the state MR facility serving the area in which the applicant lives or, if the applicant is requesting an interstate transfer, the area in which the individual's LAR or family lives or intends to live;

(3) contact the interstate compact coordinator at the Health and Human Services Commission, if the applicant is requesting an interstate transfer;

(4) compile and submit all information required to complete an application packet, as described in subsection (g) of this section;

(5) open an assignment in CARE indicating the applicant is waiting for services in a state MR facility.

(c) If the MRA's IDT determines that the applicant does not meet the criteria for commitment or regular voluntary admission to a state MR facility as described in this subchapter, the MRA will:

(1) notify the applicant or LAR in writing of the determination and explain the procedure for the applicant or LAR to request a review of the IDT's determination by the MRA in accordance with §2.46 of this chapter (relating to Notification and Appeals Process); or

(2) if the applicant was requesting an interstate transfer, notify the interstate compact coordinator in writing of the determination.

(d) If a review by the MRA of the IDT's determination results in the determination being upheld, the MRA will inform the applicant or LAR in writing that a request for a review by DADS' ombudsman may be made in writing to the Department of Aging and Disability Services, Consumer Rights and Services Division, P.O. Box 149030, Mail Code E-249, Austin, Texas 78714-9030, or by calling 1-800-458-9858.

(e) If the applicant or LAR requests a review, DADS' ombudsman will review relevant documentation provided by the applicant and LAR, the IDT, and the MRA, and determine whether the processes described in this subchapter were followed.

(1) The ombudsman will issue a written decision to the applicant, the applicant's LAR, and the MRA within 14 calendar days of the request.

(2) If the ombudsman decides that the processes in this subchapter were followed, the ombudsman will assist the applicant in gaining access to an appropriate program for which the applicant is eligible or in placing the applicant on the waiting list of an appropriate program for which the applicant is eligible.

(3) If the ombudsman decides that the processes in this subchapter were not followed, then the MRA must take action to follow the processes in this subchapter.

(f) If the MRA determines that an applicant meets the criteria described in §2.261 of this subchapter (relating to Criteria for Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA) or §2.262 of this subchapter (relating to Criteria for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA), the MRA will:

(1) contact the state MR facility serving the area in which the applicant lives;

(2) compile all of the information required to complete an application packet as described in subsection (h) or (i) of this section, as appropriate; and

(3) request the applicant's enrollment in the ICF/MR Program as described in §9.244(e) of this title (relating to Applicant Enrollment in the ICF/MR Program), if appropriate.

(g) A complete application packet, as referenced in subsection (b)(4) of this section, must include:

(1) the original order of commitment, if applicable;

(2) a completed Application for Admission including signature of the applicant or the applicant's LAR (copies of the Application for Admission are available by contacting the Department of Aging and Disability Services, Provider Services Division, State Mental Retardation Facilities Section, P.O. Box 149030, Mail Code W-511, Austin, Texas 78714-9030);

(3) a DMR report with statement that the applicant has mental retardation, as described in §5.155(g) of this title (relating to Determination of Mental Retardation (DMR));

(4) a completed ICAP (Inventory for Client and Agency Planning) booklet and MR/RC Assessment form;

(5) an IDT report completed as described in §2.264 of this subchapter (relating to MRA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA) recommending the commitment or regular voluntary admission of the applicant to a state MR facility;

(6) copies of available psychological, medical, and social histories for the applicant;

(7) a copy of any divorce decree pertaining to the applicant;

(8) any legal document dealing with the custody of a minor;

(9) current letters of guardianship, order appointing a guardian, and related orders, if the applicant has a guardian;

(10) a copy of any will naming the applicant as a devisee;

(11) a certified copy of the applicant's birth certificate;

(12) a copy of the applicant's immunization record;

(13) a copy of the applicant's social security card;

(14) a copy of the applicant's Medicare and Medicaid card (if applicable);

(15) any record regarding care and treatment of the individual in a state mental health facility or a psychiatric hospital;

(16) for the applicant who is school eligible, the Admission, Review and Dismissal (ARD) Committee report, Individual Education Plan (IEP), and Comprehensive Assessment;

(17) for the applicant who is a minor, results of the CRCG staffing held as described in §2.257(c) of this subchapter;

(18) for the applicant under 22 years of age, results of the MRA's permanency planning process as described in §2.283(a) of this subchapter (relating to MRA and State MR Facility Responsibilities); and

(19) any documents concerning the applicant's immigration status.

(h) A complete application packet for emergency admission of an individual, as referenced in subsection (f)(2) of this section, must include:

(1) a completed Application for Admission including signature of the applicant or the applicant's LAR (copies of the Application for Admission are available by contacting the Department of Aging and Disability Services, Provider Services Division, State Mental Retardation Facilities Section, P.O. Box 149030, Mail Code W-511, Austin, Texas 78714-9030);

(2) a written request from the MRA for the emergency admission of the applicant;

(3) documentation:

(A) describing the persuasive evidence that the individual has mental retardation;

(B) of the reasons supporting the individual's urgent need for the emergency admission, including the circumstances precipitating the need for the emergency admission;

(C) of the expected outcomes from the emergency admission; and

(D) that the requested relief can be provided by the state MR facility within a year after the individual is admitted;

(4) a copy of any divorce decree pertaining to the individual;

(5) any legal document dealing with the custody of a minor;

(6) current letters of guardianship, order appointing a guardian and related orders, if the individual has a guardian;

(7) a certified copy of the applicant's birth certificate;

(8) a copy of the applicant's immunization record;

(9) a copy of the applicant's social security card;

(10) a copy of the applicant's Medicare and Medicaid card (if applicable);

(11) for the applicant who is school eligible, the Admission, Review and Dismissal (ARD) Committee report, Individual Education Plan (IEP), and Comprehensive Assessment;

(12) for the applicant who is a minor, the results of the CRCG staffing held as described in §2.257(c) of this subchapter;

(13) for the applicant under 22 years of age, results of the MRA's permanency planning process as described in §2.283(a) of this subchapter;

(14) any record regarding care and treatment of the individual in a state mental health facility or a psychiatric hospital;

(15) any documents concerning the applicant's immigration status; and

(16) if requested by DADS:

(A) a DMR report with a statement that the applicant has mental retardation, as described in §5.155(g) of this title, if requested by DADS; and

(B) a completed ICAP (Inventory for Client and Agency Planning) booklet and MR/RC Assessment form.

(i) A complete application packet for admission of an indivisueal for respite care, as referenced in susection (f)(2) of this section, must include:

(1) a completed Application for Admission including signature of the applicant or the applicant's LAR (copies of the Application for Admission are available by contacting the Department of Aging and Disability Services, Provider Services Division, State Mental Retardation Facilities Section, P.O. Box 149030, Mail Code W-511, Austin, Texas 78714-9030);

(2) a written request from the MRA for the admission of the applicant for respite care;

(3) documentation:

(A) describing the persuasive evidence that the individual has mental retardation;

(B) of the reasons why the individual or the individual's family urgently requires respite care; and

(C) that the requested assistance or relief can be provided by the state MR facility within a period not to exceed 30 calendar days after the date of admission;

(4) a copy of any divorce decree pertaining to the individual;

(5) any legal document dealing with the custody of a minor;

(6) current letters of guardianship, order appointing a guardian and related orders, if the individual has a guardian;

(7) a certified copy of the applicant's birth certificate;

(8) a copy of the applicant's immunization record;

(9) a copy of the applicant's social security card;

(10) a copy of the applicant's Medicare and Medicaid card (if applicable);

(11) for the applicant who is school eligible, the Admission, Review and Dismissal (ARD) Committee report, Individual Education Plan (IEP), and Comprehensive Assessment;

(12) any documents concerning the applicant's immigration status; and

(13) if requested by DADS:

(A) a DMR report with a statement that the applicant has mental retardation, as described in §5.155(g) of this title, if requested by DADS; and

(B) a completed ICAP (Inventory for Client and Agency Planning) booklet and MR/RC Assessment form.

Source Note: The provisions of this §904.45 adopted to be effective January 1, 2001, 25 TexReg 12746; amended to be effective March 31, 2002, 27 TexReg 2445; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 1, 2006, 31 TexReg 6783; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397