1. (a) An individual's absence from a facility must meet the requirements of this section to be considered a therapeutic leave, an extended therapeutic leave, or a special leave.

2. (b) An individual is on a therapeutic leave if:

   1. (1) the individual is absent from the facility one full day or more but less than four consecutive full days;
   2. (2) the individual's IPP provides for therapeutic leave; and
   3. (3) except as provided in subsection (e) of this section, the individual has stayed in the facility overnight since being on a prior therapeutic leave or extended therapeutic leave.

3. (c) An individual is on an extended therapeutic leave if:

   1. (1) the individual is absent from the facility four consecutive full days or more;
   2. (2) the number of days used by the individual for extended therapeutic leave does not exceed ten during the calendar year in which the leave is being taken;
   3. (3) the individual's IPP provides for the extended therapeutic leave; and
   4. (4) except as provided in subsection (e) of this section, the individual has stayed overnight in the facility since being on a prior extended therapeutic leave or therapeutic leave.

4. (d) An individual is on a special leave if:

   1. (1) the individual is absent from the facility one full day or more;
   2. (2) the individual's IPP provides for and describes the expected benefits of the special leave;
   3. (3) during the absence, sufficient direct care staff of the program provider are with the individual to meet the requirements set forth in 42 CFR §483.430(d);
   4. (4) during the absence, the program provider incurs the usual costs associated with providing services to the individual, including but not limited to costs necessary to provide meals, lodging, and staff; and
   5. (5) during the absence, the program provider provides the active treatment specified in the individual's IPP.
5. (e) Once per calendar year, an individual may take a therapeutic leave immediately before or after an extended therapeutic leave without staying overnight in the facility between the two leaves.
6. (f) There is no limit on the number of therapeutic leaves or special leaves an individual may take.

7. (g) A program provider must maintain the following written documentation for each leave taken by an individual:

   1. (1) the name of the individual;
   2. (2) the type of leave taken (i.e., therapeutic, extended therapeutic, or special); and
   3. (3) the dates and times of the individual's departure from and return to the facility.
8. (h) Within three days after an individual's return from leave, a program provider must electronically submit a completed Client Movement form to the department.

Source Note:The provisions of this §261.226 adopted to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127.