(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:
  (1) the individual's needs are better served in a setting other than a state MR facility; and
  (2) the individual is being successfully treated and habilitated in the current community living arrangement.
(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:
  (1) document in the individual's record the receipt of the notification; and
  (2) send notice of the intent to discharge in accordance with §414.155 of this title (relating to Notice).
(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:
  (1) initiates the discharge entry into CARE;
  (2) notifies the individual, LAR, if any, or actively involved family member or friend in writing that discharge has been completed;
  (3) notifies the committing court, as required by THSC, §594.018, of the discharge if the individual was committed under THSC, Chapter 593; and
  (4) sends written notification to the designated MRA and provider that discharge has been completed.

Source Note: The provisions of this §904.125 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397