24 Miss. Code. R. 2-16.3

Current through December 10, 2024
Rule 24-2-16.3 - 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.

24 Miss. Code. R. 2-16.3

Miss. Code Ann. § 41-4-7
Amended 7/1/2016
Amended 9/1/2020
Amended 11/1/2024