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 5 - DISCHARGE
Section 2.279 - Discharge from a State MR Facility of an Individual Who Moves to an Alternative Living Arrangement

(a) An individual who moves from a state MR facility into an alternative living arrangement may be discharged from the state MR facility of record pursuant to THSC, Chapter 594, if the state MR facility determines and documents in the individual's Community Living/Discharge plan or other record that:

(b) Upon receipt of a recommendation from an MRA as referenced in §412.278(c)(5)(C) of this title (relating to Community Living/Discharge Plan for Alternative Living Arrangements), the state MR facility may determine that the criteria described in subsection (a) of this section have been met and, if so, will:

(c) If the individual was committed under the PMRA, the committing court will be notified of the discharge from the state MR facility as required in THSC, §594.018.

(d) As a courtesy, the facility sends written notice of the intent to discharge to the actively involved family member or friend of the individual who does not have an LAR, unless the individual has requested that those persons not be notified of information regarding the individual.

(e) If the individual or the LAR, or another person as the representative for the individual or LAR, requests an administrative hearing before the proposed date of the discharge, the facility of record will arrange for the hearing following the procedures described in Chapter 414, Subchapter D of this title (relating to Administrative Hearings Under the PMRA).

(f) If the individual or LAR does not request an administrative hearing to contest the proposed discharge within the time period allowed by § 414.156 of this title (relating to Request for an Administrative Hearing), the state MR facility: