Current through Reg. 50, No. 13; March 28, 2025
(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.
