(a) At the time of an individual's admission to an SMHF or facility with a CPB, the designated LMHA or LBHA, if any, and the SMHF or facility with a CPB begins discharge planning for the individual.
(b) The designated LMHA or LBHA continuity of care worker or other designated staff; the designated LIDDA continuity of care worker, if applicable; the individual; the individual's LAR, if any; and any other person authorized by the individual coordinates discharge planning with the SMHF or facility with a CPB.
  (1) Except for the SMHF or facility with a CPB treatment team and the individual, involvement in discharge planning may be through teleconference or video-conference calls.
  (2) The SMHF or the facility with a CPB must provide a minimum of 24-hour notification before scheduled staffings and reviews to persons involved in discharge planning.
  (3) The LMHA, LBHA, or LIDDA, if applicable, and the SMHF or facility with a CPB involved in discharge planning must coordinate all discharge planning activities and ensure the development and completion of the discharge plan before the individual's discharge.
(c) Discharge planning must consist of the following activities:
  (1) Considering all pertinent information about the individual's clinical needs, the SMHF or facility with a CPB must identify and recommend specific clinical services and supports needed by the individual after discharge or while on ATP.
  (2) The LMHA, LBHA, or LIDDA, if applicable, must identify and recommend specific non-clinical services and supports needed by the individual after discharge, including housing, food, and clothing resources.
  (3) If an individual needs a living arrangement, the LMHA or LBHA continuity of care worker must identify a setting consistent with the individual's clinical needs and preference that is available and has accessible services and supports as agreed upon by the individual or the individual's LAR.
  (4) The LMHA, LBHA, or LIDDA, if applicable must identify potential providers and resources for the services and supports recommended.
  (5) The SMHF or facility with a CPB must counsel the individual and the individual's LAR, if any, to prepare them for care after discharge or while on ATP.
  (6) The SMHF or facility with a CPB must provide the individual and the individual's LAR, if any, with written notification of the existence, purpose, telephone number, and address of the protection and advocacy system established in Texas, pursuant to Texas Health and Safety Code §576.008.
  (7) The LMHA or LBHA must comply with the Preadmission Screening and Resident Review processes as described in Chapter 303 of this title (relating to Preadmission Screening and Resident Review (PASRR)) for an individual recommended to move to a nursing facility.
(d) Before an individual's discharge:
  (1) The individual's treatment team must develop a discharge plan to include the individual's stated wishes. The discharge plan must consist of:
    (A) a description of the individual's living arrangement after discharge, or while on ATP, that reflects the individual's preferences, choices, and available community resources;
    (B) arrangements and referrals for the available and accessible services and supports agreed upon by the individual or LAR recommended in the individual's discharge plan;
    (C) a written description of recommended clinical and non-clinical services and supports the individual may receive after discharge or while on ATP. The SMHF or facility with a CPB documents arrangements and referrals for the services and supports recommended upon discharge or ATP in the discharge plan;
    (D) a description of problems identified at discharge or ATP, including any issues that may disrupt the individual's stability in the community;
    (E) the individual's goals, strengths, interventions, and objectives as stated in the individual's discharge plan in the SMHF or facility with a CPB;
    (F) comments or additional information;
    (G) a final diagnosis based on the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association;
    (H) the names, contact information, and addresses of providers to whom the individual will be referred for any services or supports after discharge or while on ATP; and
    (I) in accordance with Texas Health and Safety Code §574.081(c), a description of:
      (i) the types and amount of medication the individual needs after discharge or while on ATP until the individual is evaluated by a physician; and
      (ii) the person or entity responsible for providing and paying for the medication.
  (2) The SMHF or facility with a CPB must request that the individual or LAR, as appropriate, sign the discharge plan, and document in the discharge plan whether the individual or LAR agree or disagree with the plan.
  (3) If the individual or LAR refuses to sign the discharge plan described in paragraph (2) of this subsection, the SMHF or facility with a CPB documents in the individual's record if the individual or LAR agrees to the plan or not, reasons stated, and any other circumstances of the refusal.
  (4) If applicable, the individual's treating physician must document in the individual's record reasons why the individual does not require continuing care or a discharge plan in accordance with Texas Health and Safety Code §574.081(g).
  (5) If the LMHA or LBHA disagrees with the SMHF or facility with a CPB treatment team's decision concerning discharge:
    (A) the treating physician of the SMHF or facility with a CPB consults with the LMHA or LBHA physician or designee to resolve the disagreement within 24 hours;
    (B) and if the disagreement continues unresolved:
      (i) the medical director or designee of the SMHF or facility with a CPB consults with the LMHA or LBHA medical director; and
      (ii) if the disagreement continues unresolved after consulting with the LMHA or LBHA medical director:
        (I) the medical director or designee of the SMHF or facility with a CPB refers the issue to the State Hospital System Chief Medical Officer; and
        (II) the State Hospital System Chief Medical Officer collaborates with the Medical Director of the Behavioral Health Section to render a final decision within 24 hours of notification.
(e) Discharge notice to family or LAR.
  (1) In accordance with Texas Health and Safety Code §576.007, before discharging an individual who is an adult, the SMHF or facility with a CPB makes a reasonable effort to notify the individual's family or any other person providing support as authorized by the individual or LAR, if any, of the discharge if the adult grants permission for the notification.
  (2) Before discharging an individual at least 16 years of age or younger than 18 years of age, the SMHF or facility with a CPB makes a reasonable effort to notify the individual's family as authorized by the individual or LAR, if any, of the discharge if the individual grants permission for the notification.
  (3) Before discharging an individual younger than 16 years of age, the SMHF or facility with a CPB notifies the individual's LAR of the discharge.
(f) Release of minors. Upon discharge, the SMHF or facility with a CPB may release a minor younger than 16 years of age only to the minor's LAR or the LAR's designee.
  (1) If the LAR or the LAR's designee is unwilling to retrieve the minor from the SMHF or facility with a CPB and the LAR is not a state agency:
    (A) the SMHF or facility with a CPB:
      (i) notifies the Department of Family and Protective Services (DFPS), so DFPS can take custody of the minor from the SMHF or facility with a CPB;
      (ii) refers the matter to the local CRCG to schedule a meeting with representatives from the required agencies described in subsection (f)(2)(A) of this section, the LAR, and minor to explore resources and make recommendations; and
      (iii) documents the CRCG referral in the discharge plan; and
    (B) the medical directors or their designees of the SMHF or facility with a CPB; designated LMHA, LBHA, or LIDDA; and DFPS meet to develop and solidify the discharge recommendations.
  (2) If the LAR is a state agency unwilling to assume physical custody of the minor from the SMHF or facility with a CPB, the SMHF or the facility with a CPB:
    (A) refers the matter to the local CRCG to schedule a meeting with representatives from the member agencies, in accordance with 40 TAC Chapter 702, Subchapter E (relating to Memorandum of Understanding with Other State Agencies) the LAR, and minor to explore resources and make recommendations; and
Cont'd...
(B) documents the CRCG referral in the discharge plan.
(g) Notice to the designated LMHA, LBHA, or LIDDA. At least 24 hours before an individual's planned discharge or ATP, and no later than 24 hours after an unexpected discharge, an SMHF or facility with a CPB notifies the designated LMHA, LBHA, or LIDDA of the anticipated or unexpected discharge and conveys the following information about the individual:
  (1) identifying information, including address;
  (2) legal status (e.g., regarding guardianship, charges pending, or custody if the individual is a minor);
  (3) the day and time the individual will be discharged or on an ATP;
  (4) the individual's destination after discharge or ATP;
  (5) pertinent medical information;
  (6) current medications;
  (7) behavioral data, including information regarding COPSD; and
  (8) other pertinent treatment information, including the discharge plan.
(h) Discharge packet.
  (1) At a minimum, a discharge packet must include:
    (A) the discharge plan;
    (B) referral instructions, including:
      (i) SMHF or facility with a CPB contact person;
      (ii) name of the designated LMHA, LBHA, or LIDDA continuity of care worker;
      (iii) names of community resources and providers to whom the individual is referred, including contacts, appointment dates and times, addresses, and phone numbers;
      (iv) a description of to whom or where the individual is released upon discharge, including the individual's intended residence (address and phone number);
      (v) instructions for the individual, LAR, and primary care giver as applicable;
      (vi) medication regimen and prescriptions, as applicable; and
      (vii) dated signature of the individual or LAR and a member of the SMHF or facility with a CPB treatment team;
    (C) copies of all available, pertinent, current summaries, and assessments; and
    (D) the treating physician's orders.
  (2) At discharge or ATP, the SMHF or facility with a CPB provides a copy of the discharge packet to the individual. Individuals may request additional records. If the requested records are reasonably likely to endanger the individual's life or physical safety, these records can be withheld. Documentation of the determination to withhold records is required in the individual's medical record.
  (3) Within 24 hours after discharge or ATP, the SMHF or facility with a CPB sends a copy of the discharge packet to:
    (A) the designated LMHA, LBHA, or LIDDA; and
    (B) the providers to whom the individual is referred, including:
      (i) an LMHA or LBHA network provider, if the LMHA or LBHA is responsible for ensuring the individual's services after discharge or while on an ATP;
      (ii) an alternate provider, if the individual requested referral to an alternate provider; and
      (iii) a county jail, if the individual will be taken to the county jail upon discharge.
(i) Unexpected Discharge.
  (1) The SMHF or facility with a CPB and the designated LMHA, LBHA, or LIDDA must make reasonable efforts to provide discharge planning for an individual discharged unexpectedly.
  (2) If there is an unexpected discharge, the facility social worker or a staff with an equivalent credential to a social worker must document the reason for not completing discharge planning activities in the individual's record.
(j) Transportation. An SMHF or facility with a CPB must:
  (1) initiate and secure transportation in collaboration with an LMHA or LBHA to a planned location after an individual's discharge; and
  (2) inform a designated LMHA, LBHA, or LIDDA of an individual's transportation needs after discharge or an ATP.
(k) Discharge summary.
  (1) Within ten days after an individual's discharge, the individual's physician of the SMHF or facility with a CPB completes a written discharge summary for the individual.
  (2) Within 21 days after an individual's discharge from a LMHA or LBHA the LMHA or LBHA must complete a written discharge summary for the individual.
  (3) Written discharge summary includes:
    (A) a description of the individual's treatment and their response to that treatment;
    (B) a description of the level of care for services received;
    (C) a description of the individual's level of functioning at discharge;
    (D) a description of the individual's living arrangement after discharge;
    (E) a description of the community services and supports the individual will receive after discharge;
    (F) a final diagnosis based on the current edition of the DSM; and
    (G) a description of the amount of medication available to the individual, if applicable.
  (4) The discharge summary must be sent to the individual's:
    (A) designated LMHA, LBHA, or LIDDA, as applicable; and
    (B) providers to whom the individual was referred.
  (5) Documentation of refusal. If the individual, the individual's LAR, or the individual's caregivers refuse to participate in the discharge planning, the circumstances of the refusal must be documented in the individual's record.
(l) Care after discharge. An individual discharged from an SMHF or facility with a CPB is eligible for:
  (1) community transitional services for 90 days if referred to an LMHA or LBHA; or
  (2) ongoing services.

Source Note: The provisions of this §306.201 adopted to be effective May 20, 2020, 45 TexReg 3301