SECTION 904.99. Consideration of Living Options for Individuals Residing in State MR Facilities

(a) Individuals 22 years of age or older.

(1) A contract MRA must conduct the CLOIP for an individual 22 years of age or older residing in a state MR facility:

(A) before the individual's annual planning meeting as referenced in subsection (c)(2) of this section; and

(B) upon request of the individual or LAR to learn about living options other than the state MR facility.

(2) In conducting the CLOIP, the contract MRA must:

(A) provide standardized educational materials approved by DADS describing living options and supports in the community;

(B) offer the individual or LAR the opportunity to visit examples of living options available in the community and to visit with peers utilizing these options; and

(C) document the results of the CLOIP in a format approved by DADS.

(3) A state MR facility must notify the contract MRA, in accordance with DADS procedures, of a request by an individual or LAR for information regarding living options other than the state MR facility.

(4) After the contract MRA receives the notification required by paragraph (3) of this subsection, the contract MRA must contact the individual or LAR and conduct the CLOIP in accordance with paragraph (2) of this subsection.

(5) The contract MRA must:

(A) submit results of the CLOIP to the state MR facility in accordance with DADS procedures to assist the IDT in making a recommendation described in subsection (g)(4)(D) of this section; and

(B) participate in person or by telephone in a planning meeting for which the contract MRA is notified in accordance with subsection (d)(3) of this section, unless the individual or LAR requests otherwise.

(b) Individuals under 22 years of age. The designated MRA must discuss community living options with an individual under 22 years of age residing in a state MR facility or LAR in accordance with the permanency planning process described in §9.244(f) - (i) of this title (relating to Applicant Enrollment in the ICF/MR Program).

(c) Types of planning meetings in which living options are discussed for an individual residing in a state MR facility.

(1) Within 30 days after admission of an individual to a state MR facility, the state MR facility must conduct an initial planning meeting in which living options are discussed.

(2) Annually, the state MR facility must conduct a planning meeting in which living options are discussed (annual planning meeting).

(3) The state MR facility must conduct a planning meeting if, at any time, the individual or LAR requests a discussion about living options including a request for information about living options other than the state MR facility or requests to move to a specific setting or area of the state.

(d) Notification of planning meetings. In accordance with DADS procedures, the state MR facility must notify:

(1) the individual and LAR of a planning meeting described in subsection (c) of this section;

(2) the designated MRA of a planning meeting described in subsection (c) of this section and, if appropriate, request from the designated MRA information about alternative living arrangements and community services and supports in the area in which the individual is interested in living that the IDT will need before making a recommendation as described in subsection (g)(4)(D) of this section; and

(3) the contract MRA:

(A) of an annual planning meeting described in subsection (c)(2) of this section for an individual 22 years of age or older; and

(B) a planning meeting described in subsection (c)(3) of this section for which a CLOIP must be conducted by the contract MRA in accordance with subsection (a)(1)(B) of this section.

(e) Additional planning meeting participants as determined by individual or LAR. The individual with the ability to provide legally adequate consent or the LAR of an individual who does not have the ability to provide legally adequate consent may choose to:

(1) invite other family members, friends, or other interested persons to a planning meeting; or

(2) exclude any and all family members, friends, or other interested persons from attending a planning meeting.

(f) Facilitation of a planning meeting. The state MR facility must:

(1) encourage the attendance and participation in a planning meeting by those persons invited by the individual or LAR;

(2) make a reasonable attempt to schedule the planning meeting at a time that is convenient for the individual's LAR and those family members, friends, or other persons invited by the individual or LAR; and

(3) use communication devices and techniques (including the use of sign language), as appropriate, to facilitate the involvement of the individual and LAR during a planning meeting.

(g) Conducting the planning meeting.

(1) At a planning meeting described in subsection (c)(1) of this section, the IDT must review the individual's or LAR's awareness of living options explained by the designated MRA during the admission process, as required by §5.159(c) of this title (relating to Assessment of Individual's Need for Services and Supports).

(2) At a planning meeting described in subsection (c)(2) or (3) of this section, the IDT must review, as appropriate to the individual's age:

(A) the results of the CLOIP submitted to the state MR facility in accordance with subsection (a)(5)(A) of this section; or

(B) the results of the permanency planning process submitted to the state MR facility in accordance with §9.244(f)(7)(C) of this title.

(3) In conducting a planning meeting described in subsection (c) of this section, the IDT must use the State MR Facility Living Options Instrument which may be obtained from 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 or at www.dads.state.tx.us.

(4) At the conclusion of a planning meeting described in subsection (c) of this section, the IDT must document:

(A) the decision of an individual who has the ability to provide legally adequate consent or an LAR to consider potential living options;

(B) the choice of living option preferred by the individual or the individual's LAR;

(C) the IDT's conclusions as to whether or not the state MR facility is the most appropriate living arrangement for the individual;

(D) the recommendation by the IDT of whether the individual should remain in the current living arrangement at the state MR facility or move to an alternative living arrangement; and

(E) for an individual under 22 years of age, the IDT's conclusions as to whether or not the permanency planning goal has been accomplished.

(h) Choice for individual to remain in state MR facility. An individual with the ability to provide legally adequate consent or the LAR may choose for the individual to remain a resident of a state MR facility if the individual has been determined to have mental retardation in accordance with §5.155 of this title (relating to Determination of Mental Retardation).

Source Note: The provisions of this §904.99 adopted to be effective April 2, 2009, 34 TexReg 2154; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397