Section 440IAC5-1-4. When patients shall be discharged or transferred

   (a) A patient shall be discharged or transferred from a state institution when the gatekeeper and the state institution agree that the following conditions are met:

(1) The discharge or transfer is appropriate to the consumer's unique needs.

(2) The discharge or transfer is in accordance with:

(A) standards of professional practice; and

(B) applicable state and federal law.

  (b) If the gatekeeper and the state institution cannot resolve an issue regarding the transfer or discharge of a patient, the gatekeeper or the state institution may appeal to the division of mental health. The director of the division of mental health shall decide the issue.

  (c) It is recognized that each consumer will have unique needs, and the services provided shall address these unique needs and be consistent with the individualized treatment plan.

  (d) The entity which is providing case management services to the consumer must monitor the service the consumer is receiving under IC 12-24-12. (Division of Mental Health and Addiction; 440 IAC 5-1-4; filed Jun 14, 1995, 11:00 a.m.: 18 IR 2778; readopted filed May 10, 2001, 2:30 p.m.: 24 IR 3235; readopted filed Apr 7, 2008, 3:40 p.m.: 20080507-IR-440070745RFA; readopted filed Aug 11, 2014, 11:21 a.m.: 20140910-IR-440140240RFA)