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§2.307: Access, Screening, Intake, Service Coordination, Enrollment, State Mr Facility Admission, and Safety Net Functions

(a) Access. An MRA must have a place of business reasonably accessible to the residents of the local service area where an individual can learn about all services and supports for which the individual may be eligible. The MRA must assist an individual for whom it is the designated MRA with accessing such services and supports.

(b) Screening. An MRA must develop policies and procedures related to screening an individual seeking services and supports that address:

(1) providing an explanation of services and supports to the individual and LAR or actively involved person and family member using DADS-approved documents;

(2) gathering and documenting information to determine a need for services and supports;

(3) triaging immediate needs to be responsive to a crisis situation;

(4) determining whether a request can be met with resources at the MRA or whether the individual will be directed to alternate resources in the community;

(5) if the individual is under 22 years of age and the LAR is requesting residential services, providing to the LAR an explanation of permanency planning;

(6) assisting the individual or LAR in identifying services and supports preferences and documenting those preferences; and

(7) registering the individual's name on the appropriate interest lists.

(c) Intake. An MRA must develop policies and procedures related to intake that address:

(1) determining if an individual seeking services and supports is a member of the mental retardation priority population in accordance with Chapter 5, Subchapter D, of this title (relating to Diagnostic Eligibility for Services and Supports--Mental Retardation Priority Population and Related Conditions), and eligible for general revenue services;

(2) determining an individual's eligibility for service coordination in accordance with §2.554 of this chapter (relating to Eligibility) and §2.555 of this chapter (relating to Assessing an Individual's Need for Service Coordination) contained in Subchapter L (relating to Service Coordination for Individuals with Mental Retardation), and documenting a description of the individual's preferences and needs using a person-directed planning process that is consistent with DADS' Person Directed Planning and Family Directed Planning Guidelines for Individuals with Mental Retardation;

(3) conducting the financial assessment as required by Subchapter C of this chapter (relating to Charges for Community Services) and assisting an individual with applying for Medicaid benefits, Supplemental Security Income, or Social Security Disability Income, if appropriate;

(4) providing an explanation of rights of individuals with mental retardation in accordance with Chapter 4, Subchapter C of this title (relating to Rights and Protection of Individuals Receiving Mental Retardation Services); and

(5) providing information to the individual and LAR about the MRA's complaint, notification, and appeal processes in accordance with Subchapter A of this chapter (relating to Mental Retardation Authority Notification and Appeal).

(d) Service coordination.

(1) An MRA must offer an individual service coordination if the individual:

(A) is eligible for Medicaid and service coordination; or

(B) is not eligible for Medicaid, but is eligible for service coordination and will be enrolled in general revenue services other than service coordination.

(2) An MRA must designate a staff member to authorize and monitor an individual's service need in accordance with the performance contract if the individual:

(A) is not eligible for service coordination; and

(B) will be enrolled in a general revenue service other than service coordination.

(e) Enrollment into general revenue services.

(1) An MRA must develop policies and procedures related to enrollment into general revenue services that address:

(A) the development of a written plan of services and supports based on the individual's preferences and needs that includes:

(i) current services and supports, including existing natural supports;

(ii) outcomes to be achieved by the individual and the general revenue services to be provided to the individual;

(iii) any assessment to be conducted after enrollment;

(iv) the reason for each general revenue service to be provided; and

(v) the amount and duration of each general revenue service to be provided; and

(B) the authorization for the provision of the general revenue services identified in the plan.

(2) Except for the provision of respite in an emergency, the MRA may not provide general revenue services unless authorized in accordance with the policies and procedures required by paragraph (1) of this subsection.

(f) Enrollment in the ICF/MR, HCS, and TxHmL programs.

(1) An MRA must enroll an individual in the ICF/MR, HCS, or TxHmL programs, in accordance with the performance contract and DADS rules relating to those programs.

(2) An MRA must conduct permanency planning for an individual under 22 years of age who is enrolling in an HCS Program residential setting or an ICF/MR in accordance with the performance contract and DADS rules relating to those programs.

(g) Commitment or admission to a state MR facility.

(1) An MRA must perform its responsibilities related to an individual's commitment or admission to a state MR facility in accordance with Subchapter F of this chapter (relating to Continuity of Services--State Mental Retardation Facilities).

(2) An MRA must conduct permanency planning for an individual under 22 years of age who is committed to a state MR facility in accordance with §2.283 of this chapter (relating to MRA and State MR Facility Responsibilities) contained in Subchapter F (relating to Continuity of Services--State Mental Retardation Facilities), and the performance contract.

(h) Safety net functions. An MRA must develop policies and procedures related to safety net functions that reflect the priorities of its local planning efforts and are responsive to the needs of its local service area.

Comments

Source Note: The provisions of this §2.307 adopted to be effective December 1, 2008, 33 TexReg 9512