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 4 - MOVING FROM A STATE FACILITY TO AN ALTERNATIVE LIVING ARRANGEMENT
Section 2.276 - Accessing Alternative Living Arrangements for an Individual Residing in a State MR Facility Who Does Not Have the Ability to Give Legally Adequate Consent and Who Does Not Have a Legally Authorized Representative (LAR)
Current through Reg. 50, No. 13; March 28, 2025
(a) If the IDT recommends an alternative living arrangement for an individual who does not have the ability to give legally adequate consent and who does not have an LAR, the IDT will:
(b) If the IDT identifies the individual's inability to provide legally adequate consent as an issue that could prevent the individual from successfully adapting to an alternative living arrangement, the IDT will:
(c) A representative from the designated MRA will meet with the individual, any persons actively involved with the individual, and the IDT to discuss the desired outcomes for the alternative living arrangement and preferences of geographic locations.
(d) Once the desired outcomes and preferences of the individual and persons actively involved with the individual have been identified, the designated MRA is responsible for:
(e) At the meeting described in subsection (d)(3) of this section or a later meeting of the IDT, state MR facility staff will begin the process of completing the community living profile as described in §412.278(c)(1) of this title (relating to Community Living/Discharge Plan for Alternative Living Arrangements).
(f) The designated MRA will provide the individual, persons actively involved with the individual and the IDT with a list of the providers in the preferred geographic locations and current information prepared by the providers.
(g) The IDT will select providers to which the community living profile is to be sent. The providers selected must:
(h) The IDT must ensure that the individual and persons actively involved with the individual have been informed that the community living profile will be shared with providers in accordance with §414.7(d) of this title (relating to When Consent for Disclosure is not Required: Clients Receiving MHMR Services).
(i) Within 14 calendar days of receiving the completed community living profile, the MRA will send the profile to the providers selected by the IDT. When more than one MRA is involved, the designated MRA will coordinate with the other involved MRAs to ensure that profiles are sent to all selected providers.
(j) The designated MRA must coordinate with the state MR facility and other involved MRAs, as appropriate, to assist the individual and persons actively involved with the individual, as appropriate, in making arrangements for visits to proposed providers. If an overnight visit is planned, the state MR facility will, prior to the visit, furnish the proposed provider with the following:
(k) The state MR facility will send an adequate medication supply, clothing, personal items, and adaptive equipment with the individual at the time of the overnight visit.
(l) Following any visits to a proposed provider by the individual, the IDT will meet to select a provider and complete the community living/discharge plan.
(m) The IDT may request that the designated MRA facilitate the development of a specific alternative living arrangement if there is no arrangement in existence which meets the individual's service and support needs as described in the community living profile and the preferences and desires of the individual.
(n) If there is no consensus by the IDT concerning issues about the alternative living arrangement or other issues related to the individual's move as described in this section or in § 412.277 of this title (relating to Arrangements for the Move to an Alternative Living Arrangement of an Individual Residing in a State MR Facility), the IDT will notify the head of the state MR facility within one working day of the date the IDT determines it cannot reach a consensus. The head of the state MR facility will name a review team, consistent with the state MR facility's written policies and procedures, to evaluate the situation and make a consensus recommendation to the head of the state MR facility within 21 calendar days.