24 Miss. Code. R. 2-16.3 - Discharge and Termination
A. Discharge and
termination are two (2) unique terms and actions.
B. Termination is the action utilized and
documented to discontinue a service and/or service location within a
DMH-certified agency provider. For people receiving ID/DD Waiver or IDD
Community Support, the Support Coordinator/Targeted Case Manager will send a
Service Authorization with termination date.
C. Discharge is the action utilized and
documented to signify that a person is no longer receiving services through a
particular DMH-certified agency provider.
D. All agency providers must implement
policies and procedures for discharge or termination from the service/agency
provider which must, at a minimum, address the following:
1. Reason(s) for
discharge\termination.
2.
Assessment of progress toward objectives contained in the individual
plan.
3. Discharge instructions
given to the person who received services or their authorized representative,
including referrals made.
4.
Transfer of the person's discharge record to the next level of care provider
(LOC), per the person's (or legal representative's) documented informed consent
for release of such, and according to any applicable federal and/or state
laws.
5. Crisis resources
information.
6. Any other
information deemed appropriate to address the needs of the person being
discharged from the service/agency provider.
E. As part of care coordination, prior to a
person's discharge from a state hospital, staff from the CMHC/LMHA (or a
provider selected by the person) which will be serving the person upon
discharge must meet with the person, either face-to-face or virtually, to
conduct assertive engagement and enroll the person in appropriate
services.
F. In addition to Rule
16.3.D, all agency providers of
community living services for children/youth in the custody of the Mississippi
Department of Child Protection Services must adhere to the following regarding
discharge:
1. The Mississippi Department of
Child Protection Services' social worker from the county of residence of the
child/youth is provided the opportunity to be involved in the
discharge/placement plans if the child/youth is in the custody of the
Mississippi Department of Child Protection Services.
2. Children/youth in the custody of the
Mississippi Department of Child Protection Services are provided an opportunity
for one (1) pre-placement visit by their Mississippi Department of Child
Protection Services' social worker prior to discharge.
3. Documentation that an appointment has been
scheduled with the CMHC/LMHA responsible for services in the county where the
child/youth will reside upon discharge.
G. People living in community settings cannot
be discharged or terminated from the service in a manner which is out of
compliance with the terms of the signed lease/rental/residential agreement.
Upon separation from the community living setting, providers should ensure that
alternative stable living arrangements have been procured.
H. For people enrolled in IDD residential
services, service providers must collaborate with the Support
Coordinator/Targeted Case Manager to determine a need for Behavior
Support/Crisis Support/Crisis Intervention Services or other community
resources before a decision is finalized to discharge a person from the
service.
I. For IDD residential
services, the provider may not terminate a service against the person's wishes
in response to their exercise of rights, voicing choices or concerns, or in
response to a complaint. The following are the only grounds for termination of
a person's services against their wishes:
1.
The person is a danger to self or others at the service location, even with the
provision of supplemental services.
2. The person's needs have changed, advanced,
or declined so that their needs cannot be met by the provider, even with the
provision of supplemental services.
3. Closure of the service location.
J. Involuntary termination of IDD
residential services requires the following:
1. The agency provider must simultaneously
notify electronically or in writing the person or person's legal
representative, Support Coordinator or Targeted Case Manager, and DMH at least
thirty (30) calendar days prior to the effective date of the termination.
Notification should include:
(a) The reason
the provider is no longer able or willing to provide the service.
(b) A description of the efforts made to
address or resolve the issue that has led to the provider becoming unable or
unwilling to provide the service.
(c) Suggested date of termination.
Termination date is not effective until an alternative living arrangement has
been procured.
2. The
agency provider shall continue to provide the authorized service during the
transition period to ensure continuity of service until a new provider is
approved and the new service is in place, unless otherwise directed by
DMH.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.