(a) The LMHA or LBHA must comply with §303.302 of this chapter (relating to LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process).
(b) At the initial IDT meeting, an LMHA or LBHA staff must:
  (1) review the MI specialized services recommended on the PE;
  (2) explain the uniform assessment;
  (3) ensure the resident with MI, or LAR on behalf of the resident with MI, understands the purpose of the uniform assessment; and
  (4) have the resident with MI, or LAR on behalf of the resident with MI, agree or decline to receive the uniform assessment and MI specialized services.
(c) Within 20 business days after the IDT meeting, if the resident with MI or LAR agrees, the LMHA or LBHA must:
  (1) complete the uniform assessment;
  (2) develop the PCRP; and
  (3) for a resident with MI only, convene a meeting in person, or in extenuating circumstances via audio-visual communication, to discuss the results of the uniform assessment and PCRP, and to determine the MI specialized services the resident with MI will receive.
(d) Attendees at the meeting convened in accordance with subsection (c)(3) of this section must include:
  (1) the QMHP-CS who is familiar with the needs of the resident with MI;
  (2) the resident with MI;
  (3) the LAR for the resident with MI, if any; and
  (4) a NF staff person familiar with the needs of the resident with MI.
(e) At the meeting convened in accordance with subsection (c)(3) of this section, the QMHP-CS must ensure the resident with MI, regardless of whether he or she has an LAR, participates in the meeting to the fullest extent possible and receives the support necessary to do so, including communication supports.
(f) The LMHA or LBHA must provide a copy of the completed uniform assessment and PCRP to the NF for inclusion in the NF comprehensive care plan for the resident with MI within 10 calendar days after the meeting convened in accordance with subsection (c)(3) of this section.
(g) Before the LMHA or LBHA conducts the meeting described in subsection (c)(3) of this section via audio-visual communication, the LMHA or LBHA must:
  (1) do one of the following:
    (A) obtain the written informed consent of the resident with MI or LAR; or
    (B) obtain oral consent from the resident with MI or LAR and document the oral consent in the record of the resident with MI; and
  (2) document in the record of the resident with MI a description of the extenuating circumstances which required the use of audio-visual communication.
(h) If the LMHA or LBHA does not obtain the written or oral consent required by subsection (g) of this section, the LMHA or LBHA must:
  (1) document the resident with MI's or LAR's refusal in the record of the resident with MI; and
  (2) convene a meeting in person as soon as possible after the extenuating circumstances no longer exist.

Source Note: The provisions of this §303.905 adopted to be effective September 1, 2021, 46 TexReg 5419; amended to be effective April 15, 2024, 49 TexReg 2287