The commission must create and use a community living options information process in each institution, give the information at least yearly and on request, refer people who want community options to the local authority, and document the information and results in records.
Sec. 546.0054. COMMUNITY LIVING OPTIONS INFORMATION PROCESS FOR CERTAIN INDIVIDUALS WITH INTELLECTUAL DISABILITY. (a) In this section, "institution" means: (1) a residential care facility the commission operates or maintains to provide 24-hour services, including residential services, to individuals with an intellectual disability; or (2) an ICF-IID. (b) In addition to providing information regarding care and support options as required by Section 546.0053, the commission shall implement a community living options information process in each institution to inform individuals with an intellectual disability who reside in the institution and the individuals' legally authorized representatives of alternative community living options. (c) The commission shall: (1) at least annually provide the information required by Subsection (b) through the community living options information process; and (2) provide the information at any other time on request by an individual with an intellectual disability who resides in an institution or the individual's legally authorized representative. (d) If an individual with an intellectual disability residing in an institution or the individual's legally authorized representative indicates a desire to pursue an alternative community living option after receiving the information provided under this section, the commission shall refer the individual or the individual's legally authorized representative to the local intellectual and developmental disability authority. The local authority shall place the individual: (1) in an alternative community living option, subject to the availability of funds; or (2) on a waiting list for those options if for any reason the options are not available to the individual on or before the 30th day after the date the individual or the individual's legally authorized representative is referred to the local authority. (e) The commission shall document in the records of each individual with an intellectual disability who resides in an institution: (1) the information provided to the individual or the individual's legally authorized representative through the community living options information process; and (2) the results of that process. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.