2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.035. Local Intellectual and Developmental Disability Authorities

Sec. 533A.035.  LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES.  (a)  The executive commissioner shall designate a local intellectual and developmental disability authority in one or more local service areas.  The executive commissioner may delegate to the local authority the authority and responsibility of the executive commissioner, the commission, or a department of the commission related to planning, policy development, coordination, including coordination with criminal justice entities, resource allocation, and resource development for and oversight of intellectual disability services in the most appropriate and available setting to meet individual needs in that service area.  The executive commissioner may designate a single entity as both the local mental health authority under Chapter 533 and the local intellectual and developmental disability authority under this chapter for a service area.
(b)  The department by contract or other method of allocation, including a case-rate or capitated arrangement, may disburse to a local intellectual and developmental disability authority department federal and department state funds to be spent in the local service area for community intellectual disability services.
(c)  A local intellectual and developmental disability authority, with the approval of the department, shall use the funds received under Subsection (b) to ensure intellectual disability services are provided in the local service area.  The local authority shall consider public input, ultimate cost-benefit, and client care issues to ensure consumer choice and the best use of public money in:
(1)  assembling a network of service providers;
(2)  making recommendations relating to the most appropriate and available treatment alternatives for individuals in need of intellectual disability services; and
(3)  procuring services for a local service area, including a request for proposal or open-enrollment procurement method.
(d)  A local intellectual and developmental disability authority shall demonstrate to the department that the services that the authority provides directly or through subcontractors and that involve state funds comply with relevant state standards.
(e)  A local intellectual and developmental disability authority may serve as a provider of ICF-IID and related waiver programs only if:
(1)  the local authority complies with the limitations prescribed by Section 533A.0355(d); or
(2)  the ICF-IID and related waiver programs are necessary to ensure the availability of services and the local authority demonstrates to the commission that there is not a willing ICF-IID and related waiver program qualified service provider in the local authority's service area where the service is needed.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.