Current through Reg. 49, No. 38; September 20, 2024
(a) An individual's absence from a facility
must meet the requirements of this section to be considered a therapeutic
leave, an extended therapeutic leave, or a special leave.
(b) An individual is on a therapeutic leave
if:
(1) the individual is absent from the
facility one full day or more but less than four consecutive full
days;
(2) the individual's IPP
provides for therapeutic leave; and
(3) except as provided in subsection (e) of
this section, the individual has stayed in the facility overnight since being
on a prior therapeutic leave or extended therapeutic leave.
(c) An individual is on an
extended therapeutic leave if:
(1) the
individual is absent from the facility four consecutive full days or
more;
(2) the number of days used
by the individual for extended therapeutic leave does not exceed ten during the
calendar year in which the leave is being taken;
(3) the individual's IPP provides for the
extended therapeutic leave; and
(4)
except as provided in subsection (e) of this section, the individual has stayed
overnight in the facility since being on a prior extended therapeutic leave or
therapeutic leave.
(d)
An individual is on a special leave if:
(1)
the individual is absent from the facility one full day or more;
(2) the individual's IPP provides for and
describes the expected benefits of the special leave;
(3) during the absence, sufficient direct
care staff of the program provider are with the individual to meet the
requirements set forth in
42 CFR §
483.430(d);
(4) during the absence, the program provider
incurs the usual costs associated with providing services to the individual,
including but not limited to costs necessary to provide meals, lodging, and
staff; and
(5) during the absence,
the program provider provides the active treatment specified in the
individual's IPP.
(e)
Once per calendar year, an individual may take a therapeutic leave immediately
before or after an extended therapeutic leave without staying overnight in the
facility between the two leaves.
(f) There is no limit on the number of
therapeutic leaves or special leaves an individual may take.
(g) A program provider must maintain the
following written documentation for each leave taken by an individual:
(1) the name of the individual;
(2) the type of leave taken (i.e.,
therapeutic, extended therapeutic, or special); and
(3) the dates and times of the individual's
departure from and return to the facility.
(h) Within three days after an individual's
return from leave, a program provider must electronically submit a completed
Client Movement form to the department.
