(a) In accordance with THSC, §593.021, only the following persons may apply for admission to a state MR facility for respite care:
  (1) the individual seeking admission; or
  (2) the LAR of an individual.
(b) If the MRA determines that an applicant meets the criteria for respite care under §412.262 of this title (relating to Criteria for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA), the MRA must retain a copy of the application packet, as described in §412.265(i) of this title (relating to MRA Referral of an Applicant to a State MR Facility) and send the original application packet to the admission coordinator of the state MR facility.
(c) The department will determine when a vacancy exists in a state MR facility and which individuals for whom the state MR facility can meet their needs and are appropriate to fill the vacancy, based on the information in the application packets.
(d) Upon notification from the department that an appropriate vacancy in a state MR facility is available, the MRA will contact each individual identified by the department as appropriate to fill the vacancy and will:
  (1) determine whether the individual is still seeking respite care in a state MR facility;
  (2) update the information in the individual's application packet, including ensuring that the assessments reflect the individual's current level of functioning; and
  (3) determine whether the individual would accept the proposed admission for respite care to the state MR facility.
(e) The state MR facility will offer admission for respite care to one of those individuals identified by the department as appropriate to fill the vacancy and who the MRA has determined would accept the proposed admission to the state MR facility.
(f) At the time of admission:
  (1) the MRA must:
    (A) negotiate the terms of the Respite Admission/Discharge Agreement with the parties and prepare the agreement; and
    (B) develop a service coordination plan to accomplish the purpose of the admission described in the Respite Admission/Discharge Agreement; and
  (2) the state MR facility will:
    (A) complete a physical examination of the individual and issue orders addressing the applicant's medication, treatment, and diet needs; and
    (B) develop a plan of services and supports to be provided while the individual is a resident.
(g) The individual will be discharged by the state MR facility under the terms of the Respite Admission/Discharge Agreement.
(h) One extension of no more than 30 calendar days to the individual's agreed length of stay may be granted by the head of the state MR facility if:
  (1) the relief sought by the individual or the individual's family has not been provided within 30 calendar days of the date of admission;
  (2) the MRA submits an amended Respite Admission/Discharge Agreement to the state MR facility at least three working days prior to the expiration of the original Respite Admission/Discharge Agreement;
  (3) the head of the state MR facility determines that the requested assistance or relief can be provided during the requested extension period including that space is available at the state MR facility; and
  (4) the parties to the original Respite Admission/Discharge Agreement consent to the extension.

Source Note: The provisions of this §904.55 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