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 2.277 - Arrangements for the Move to an Alternative Living Arrangement of an Individual Residing in a State MR Facility
Current through Reg. 50, No. 13; March 28, 2025
(a) Within 14 calendar days of the IDT meeting at which a provider is selected the state MR facility will forward the following to the designated MRA, any other involved MRA, the provider, and the individual with the ability to provide legally adequate consent or the LAR, as appropriate:
(b) The MRA will review the material and visit the provider setting as needed, to determine whether the provider setting:
(c) Within 14 calendar days of making its determination in subsection (b) of this section, the MRA must notify the IDT in writing that:
(d) If the MRA recommends that the IDT not approve the provider setting, the MRA must include in the notice described in subsection (c)(2) of this section:
(e) If the IDT accepts an MRA recommendation to approve the provider setting, the community living/discharge plan will be completed for distribution to all parties, and final arrangements will be initiated for the individual's move to the community.
(f) If the MRA has recommended that the provider setting not be approved, the IDT will make written recommendations for specific remedies to address the problems and send the recommendations to the provider and the individual or LAR.
(g) When the individual moves, the state MR facility shall ensure the following:
(h) Responsibilities for transporting the individual to the alternative living arrangement will be detailed in the community living/discharge plan. If deemed necessary by the IDT, these responsibilities could include having state MR facility and/or MRA staff accompany the individual and remaining there for a period of time deemed necessary for satisfactory transition. The MRA must assign a service coordinator who will meet with the individual and LAR before or on the day of the move.
(i) The following records, as applicable, will be provided by the state MR facility to the provider before the move or will accompany the individual, with copies also offered to the individual or LAR, before or at the time of the move:
(j) Prior to or at the time of movement, the state MR facility physician shall prepare a letter summarizing the highly relevant medical information to be given to the new physician or health care entity that will be providing services to the individual in the community. The letter will be copied to the designated MRA and other involved MRA and the provider. When appropriate, the state MR facility physician shall communicate directly with the new physician or health care entity.
(k) If a school eligible individual will be enrolled in public school, the state MR facility and MRA must provide the following to the school district prior to the move or within 14 working days after the move:
(l) A provider required to comply with § 411.63 of this title (relating to Interagency Coordination of Special Education Services to Students with Disabilities in Residential Care Facilities) must notify, in writing, the school district where the provider is located of the admission of a school eligible individual. The notification will occur no later than three working days after the admission.