Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES
Division 2 - ADMISSION AND COMMITMENT
Section 2.269 - Process for the Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA

(a) In accordance with THSC, §593.021, only the following persons may apply for admission to a state MR facility for emergency services:

(b) If the MRA determines that an individual meets the criteria for emergency admission under § 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), the MRA must retain a copy of the application packet, as described in § 2.265(h) of this subchapter (relating to MRA Referral of an Applicant to a State MR Facility) and send the original application packet to the admission coordinator of the state MR facility.

(c) DADS will determine when a vacancy exists in a state MR facility and which individuals are appropriate to fill the vacancy, based on the information in the application packets.

(d) Upon notification from DADS that an appropriate vacancy in a state MR facility is available, the MRA will contact each individual identified by DADS as appropriate to fill the vacancy and will:

(e) The state MR facility will offer emergency admission to one of those individuals identified by DADS as appropriate to fill the vacancy and who the MRA has determined would accept the proposed emergency admission to the state MR facility.

(f) Prior to admission of the individual, the MRA must:

(g) If the individual is under 22 years of age, the Emergency Admission/Discharge Agreement must incorporate elements of the individual's permanency plan, as appropriate, and specify that the individual is to be admitted for no longer than six months to receive emergency services in the state MR facility.

(h) The Emergency Admission/Discharge Agreement must be approved by the commissioner or designee prior to the admission of the individual by the state MR facility.

(i) If the Emergency Admission/Discharge Agreement is approved by the commissioner or designee and the individual is admitted, the state MR facility will, at the time of admission:

(j) Within 30 calendar days after the individual is admitted, the state MR facility will arrange for:

(k) The terms of the Emergency Admission/Discharge Agreement, including the date of discharge, may not be amended unless the MRA obtains approval from the commissioner or designee.

(l) The individual will be discharged by the state MR facility under the terms of the Emergency Admission/Discharge Agreement.

(m) If DADS determines that the terms of the Emergency Admission/Discharge Agreement cannot be met, the MRA may initiate commitment proceedings under the PMRA.