2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.038. Facilities and Services for Clients With an Intellectual Disability

Sec. 533A.038.  FACILITIES AND SERVICES FOR CLIENTS WITH AN INTELLECTUAL DISABILITY.  (a)  In this section, "department facility" includes the ICF-IID component of the Rio Grande State Center.
(a-1)  The department may designate all or any part of a department facility as a special facility for the diagnosis, special training, education, supervision, treatment, or care of clients with an intellectual disability.
(b)  The department may specify the facility in which a client with an intellectual disability under the department's jurisdiction is placed.
(c)  The department may maintain day classes at a department facility for the convenience and benefit of clients with an intellectual disability of the community in which the facility is located and who are not capable of enrollment in a public school system's regular or special classes.
(d)  A person with an intellectual disability, or a person's legally authorized representative, seeking residential services shall receive a clear explanation of programs and services for which the person is determined to be eligible, including state supported living centers, community ICF-IID programs, waiver services under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)), or other services.  The preferred programs and services chosen by the person or the person's legally authorized representative shall be documented in the person's record.  If the preferred programs or services are not available, the person or the person's legally authorized representative shall be given assistance in gaining access to alternative services and the selected waiting list.
(e)  The department shall ensure that the information regarding program and service preferences collected under Subsection (d) is documented and maintained in a manner that permits the department to access and use the information for planning activities conducted under Section 533A.032.
(f)  The department may spend money appropriated for the state supported living center system only in accordance with limitations imposed by the General Appropriations Act.
(g)  In addition to the explanation required under Subsection (d), the department shall ensure that each person inquiring about residential services receives:
(1)  a pamphlet or similar informational material explaining that any programs and services for which the person is determined to be eligible, including state supported living centers, community ICF-IID programs, waiver services under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)), or other services, may be an option available to an individual who is eligible for those services; and
(2)  information relating to whether appropriate residential services are available in each program and service for which the person is determined to be eligible, including state supported living centers, community ICF-IID programs, waiver services under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)), or other services located nearest to the residence of the proposed resident.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.