(a) Within one working day of the knowledge of death of an individual receiving services in an HHSC-funded or HHSC-contracted program, the community center CEO is responsible for conducting a preliminary review to determine whether:
  (1) the death occurred on the premises of an HHSC-funded or HHSC-contracted program (e.g., the individual dies in his/her sleep at an MHA/MRA funded group home);
  (2) the death occurred while the individual was participating in HHSC-funded or HHSC-contracted program activities (e.g., the individual dies in a community hospital after being transferred from the community center; the individual drowns while on a psychosocial program outing);
  (3) other conditions indicate that the death may reasonably have been related to the individual's care or activities as part of the community center program (e.g., the individual overdoses on a psychoactive drug; the individual dies by suicide); or
  (4) other conditions indicate that although the death is not reasonably related to the individual's care or activities as part of the community center program, an evaluation of policy is warranted (e.g., the individual dies of a chronic illness in a community hospital).
(b) If none of the conditions described in subsection (a) of this section is met, then the community center CEO may elect not to conduct an administrative death review. Documentation that this preliminary review was conducted must be included in the deceased's record.
(c) If any of the conditions described in subsection (a) of this section are met, an administrative death review must be conducted in compliance with this section. In addition, the need for a clinical death review must be determined as described in §405.272 of this subchapter (relating to Community Centers: Clinical Death Review Determination).

Source Note: The provisions of this §405.269 adopted to be effective June 1, 1993, 18 TexReg 2133; amended to be effective May 26, 2022, 47 TexReg 3056