reglab/statecodes huggingface dataset:
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 534 - Community Services › Subchapter A. Community Centers › Section 534.040. Restoring Management to Center

Sec. 534.040.  RESTORING MANAGEMENT TO CENTER.  (a)  Each month, each appropriate commissioner shall evaluate the performance of a community center managed by a manager or team appointed under Section 534.038 to determine the feasibility of restoring the center's management and operation to a local board of trustees.
(b)  The authority of the manager or management team continues until each appropriate commissioner determines that the relevant factors listed under Section 534.038(a) no longer apply.
(c)  Following a determination under Subsection (b), each appropriate commissioner shall terminate the authority of the manager or management team and restore authority to manage and operate the center to the center's authorized officers and employees.
Added by Acts 1999, 76th Leg., ch. 1520, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 839, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.051. Definitions

Sec. 534.051.  DEFINITIONS.  In this subchapter:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.052. Rules and Standards

Sec. 534.052.  RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules, including standards, the executive commissioner considers necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority under this subchapter.
(b)  The department shall send a copy of the rules to each local mental health authority or other provider receiving contract funds as a local mental health authority or designated provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.29, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.053. Required Community-Based Mental Health Services

Sec. 534.053.  REQUIRED COMMUNITY-BASED MENTAL HEALTH SERVICES.  (a)  The department shall ensure that, at a minimum, the following services are available in each service area:
(1)  24-hour emergency screening and rapid crisis stabilization services;
(2)  community-based crisis residential services or hospitalization;
(3)  community-based assessments, including the development of interdisciplinary treatment plans and diagnosis and evaluation services;
(4)   medication-related services, including medication clinics, laboratory monitoring, medication education, mental health maintenance education, and the provision of medication; and
(5)  psychosocial rehabilitation programs, including social support activities, independent living skills, and vocational training.
(b)  The department shall arrange for appropriate community-based services to be available in each service area for each person discharged from a department facility who is in need of care.
(c)  To the extent that resources are available, the department shall:
(1)  ensure that the services listed in this section are available for children, including adolescents, as well as adults, in each service area;
(2)  emphasize early intervention services for children, including adolescents, who meet the department's definition of being at high risk of developing severe emotional disturbances or severe mental illnesses; and
(3)  ensure that services listed in this section are available for defendants required to submit to mental health treatment under Article 17.032, 42A.104, or 42A.506, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.021, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.69, eff. January 1, 2017.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.0535. Joint Discharge Planning

Sec. 534.0535.  JOINT DISCHARGE PLANNING.  (a)  The executive commissioner shall adopt or amend, and the department shall enforce, rules that require continuity of services and planning for patient care between department facilities and local mental health authorities.
(b)  At a minimum, the rules must:
(1)  specify the local mental health authority's responsibility for ensuring the successful transition of patients who are determined by the facility to be medically appropriate  for discharge; and
(2)  require participation by a department facility in joint discharge planning with a local mental health authority before the facility discharges a patient or places the patient on an extended furlough with an intent to discharge.
(c)  The local mental health authority shall plan with the department facility to determine the appropriate community services for the patient.
(d)  The local mental health authority shall arrange for the provision of the services upon discharge.
(e)  The commission shall require each facility to designate at least one employee to provide transition support services for patients who are determined medically appropriate for discharge from the facility.
(f)  Transition support services provided by the local mental health authority must be designed to complement joint discharge planning efforts and may include:
(1)  enhanced services and supports for complex or high-need patients, including services and supports necessary to create viable discharge or outpatient management plans; and
(2)  post-discharge monitoring for up to one year after the discharge date to reduce the likelihood of readmission.
(g)  The commission shall ensure that each department facility concentrates the provision of transition support services for patients who have been:
(1)  admitted to and discharged from a facility multiple times during a 30-day period; or
(2)  in the facility for longer than 365 consecutive days.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.30, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26), Sec. 6, eff. September 1, 2023.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.054. Designation of Provider

Sec. 534.054.  DESIGNATION OF PROVIDER.  (a)  The department shall identify and contract with a local mental health authority for each service area to ensure that services are provided to patient populations determined by the department.  A local mental health authority shall ensure that services to address the needs of priority populations are provided as required by the department and shall comply with the rules and standards adopted under Section 534.052.
(c)  The department may contract with a local agency or a private provider or organization to act as a designated provider of a service if the department:
(1)  cannot negotiate a contract with a local mental health authority to ensure that a specific required service for priority populations is available in that service area; or
(2)  determines that a local mental health authority does not have the capacity to ensure the availability of that service.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.31, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 869, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.055. Contracts for Certain Community Services

Sec. 534.055.  CONTRACTS FOR CERTAIN COMMUNITY SERVICES.  (a)   The executive commissioner shall design a competitive procurement or similar system that a mental health authority shall use in awarding an initial contract for the provision of services at the community level for persons with mental illness, including residential services, if the contract involves the use of state money or money for which the state has oversight responsibility.
(b)  The system must require that each local mental health authority:
(1)  ensure public participation in the authority's decisions regarding whether to provide or to contract for a service;
(2)  make a reasonable effort to give notice of the intent to contract for services to each potential private provider in the local service area of the authority; and
(3)  review each submitted proposal and award the contract to the applicant that the authority determines has made the lowest and best bid to provide the needed services.
(c)  Each local mental health authority, in determining the lowest and best bid, shall consider any relevant information included in the authority's request for bid proposals, including:
(1)  price;
(2)  the ability of the bidder to perform the contract and to provide the required services;
(3)  whether the bidder can perform the contract or provide the services within the period required, without delay or interference;
(4)  the bidder's history of compliance with the laws relating to the bidder's business operations and the affected services and whether the bidder is currently in compliance;
(5)  whether the bidder's financial resources are sufficient to perform the contract and to provide the services;
(6)  whether necessary or desirable support and ancillary services are available to the bidder;
(7)  the character, responsibility, integrity, reputation, and experience of the bidder;
(8)  the quality of the facilities and equipment available to or proposed by the bidder;
(9)  the ability of the bidder to provide continuity of services; and
(10)  the ability of the bidder to meet all applicable written departmental policies, principles, and regulations.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.32, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 13, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.056. Coordination of Activities

Sec. 534.056.  COORDINATION OF ACTIVITIES.  A local mental health authority shall coordinate its activities with the activities of other appropriate agencies that provide care and treatment for persons with drug or alcohol problems.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.33, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.058. Standards of Care

Sec. 534.058.  STANDARDS OF CARE.  (a)  The executive commissioner shall develop standards of care for the services provided by a local mental health authority and its subcontractors under this subchapter.
(b)  The standards must be designed to ensure that the quality of the community-based mental health services is consistent with the quality of care available in department facilities.
(c)  In conjunction with local mental health authorities, the executive commissioner shall review the standards biennially to determine if each standard is necessary to ensure the quality of care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.34, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.059. Contract Compliance for Local Authorities

Sec. 534.059.  CONTRACT COMPLIANCE FOR LOCAL AUTHORITIES.  (a)  The department shall evaluate a local mental health authority's compliance with its contract to ensure the provision of specific services to priority populations.
(b)  If, by a date set by the commissioner, a local mental health authority fails to comply with its contract to ensure the provision of services to the satisfaction of the commissioner, the department may impose a sanction as provided by the applicable contract rule until the dispute is resolved.  The department shall notify the authority in writing of the department's decision to impose a sanction.
(c)  A local mental health authority may appeal the department's decision to impose a sanction on the authority.  The executive commissioner by rule shall prescribe the appeal procedure.
(d)  The filing of a notice of appeal stays the imposition of the department's decision to impose a sanction except when an act or omission by a local mental health authority is endangering or may endanger the life, health, welfare, or safety of a person.
(e)  While an appeal under this section is pending, the department may limit general revenue allocations to a local mental health authority to monthly distributions.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.35, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1209, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.060. Program and Service Monitoring and Review of Local Authorities

Sec. 534.060.  PROGRAM AND SERVICE MONITORING AND REVIEW OF LOCAL AUTHORITIES.  (a)  The department shall develop mechanisms for monitoring the services provided by a local mental health authority.
(b)  The department shall review the program quality and program performance results of a local mental health authority in accordance with a risk assessment and evaluation system appropriate to the authority's contract requirements.  The department may determine the scope of the review.
(c)  A contract between a local mental health authority and the department must authorize the department to have unrestricted access to all facilities, records, data, and other information under the control of the authority as necessary to enable the department to audit, monitor, and review the financial and program activities and services associated with department funds.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.36, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 869, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1209, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.0601. Coordinated Program Audits of Local Authorities

Sec. 534.0601.  COORDINATED PROGRAM AUDITS OF LOCAL AUTHORITIES.  (a)  The executive commissioner shall coordinate with each agency or department of the state that contracts with a local mental health authority to prescribe procedures for a coordinated program audit of the authority.  The procedures must be:
(1)  consistent with the requirements for the receipt of federal funding by the authority; and
(2)  based on risk assessment.
(b)  A program audit must evaluate:
(1)  the extent to which a local mental health authority is achieving the results or benefits established by an agency or department of the state or by the legislature;
(2)  the effectiveness of the authority's organization, program, activities, or functions; and
(3)  the authority's compliance with law.
(c)  A program audit of a local mental health authority must be performed in accordance with the procedures prescribed under this section.
(d)  The department may not implement a procedure for a program audit under this section without the approval of the executive commissioner.
(e)  This section does not prohibit an agency, department, or other entity providing funding to a local mental health authority from investigating a complaint against the authority or performing additional contract monitoring of the authority.
Added by Acts 1999, 76th Leg., ch. 1209, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.0602. Financial Audits of Local Authorities

Sec. 534.0602.  FINANCIAL AUDITS OF LOCAL AUTHORITIES.  (a)  The executive commissioner shall prescribe procedures for a financial audit of a local mental health authority.  The procedures must be consistent with requirements for the receipt of federal funding by the authority.
(b)  The executive commissioner shall develop the procedures with the assistance of each agency or department of the state that contracts with a local mental health authority.  The executive commissioner  shall incorporate each agency's or department's financial or compliance requirements for an authority into a single audit that meets the requirements of Section 534.068.
(c)  Before prescribing or amending a procedure under this section, the executive commissioner must set a deadline for agencies and departments of the state that contract with local mental health authorities to submit proposals relating to the procedure.
(d)  An agency or department of the state that contracts with a local mental health authority must comply with a procedure developed under this section.
(e)  The department may not implement a procedure under this section without the approval of the executive commissioner.
Added by Acts 1999, 76th Leg., ch. 1209, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.0603. Additional Financial Audit Activity

Sec. 534.0603.  ADDITIONAL FINANCIAL AUDIT ACTIVITY.  (a)  The executive commissioner shall develop protocols for an agency or department of the state to conduct additional financial audit activities of a local mental health authority.
(b)  An agency or department of the state may not conduct additional financial audit activities relating to a local mental health authority without the approval of the executive commissioner.
(c)  This section, and a protocol developed under this section, do not apply to an audit conducted under Chapter 321, Government Code.
Added by Acts 1999, 76th Leg., ch. 1209, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.061. Program and Service Monitoring and Review of Certain Community Services

Sec. 534.061.  PROGRAM AND SERVICE MONITORING AND REVIEW OF CERTAIN COMMUNITY SERVICES.  (a)   The local mental health authority shall monitor the services of a provider who contracts with the authority to provide services for persons with mental illness to ensure that the provider is delivering the services in a manner consistent with the provider's contract.
(b)  Each provider contract involving the use of state funds or funds for which the state has oversight responsibility must authorize the local mental health authority or the authority's designee and the department or the department's designee to have unrestricted access to all facilities, records, data, and other information under the control of the provider as necessary to enable the department to audit, monitor, and review the financial and program activities and services associated with the contract.
(c)  The department may withdraw funding from a local mental health authority that fails to cancel a contract with a provider involving the use of state funds or funds for which the state has oversight responsibility if:
(1)  the provider is not fulfilling its contractual obligations; and
(2)  the authority has not taken appropriate action to remedy the problem in accordance with department rules.
(d)  The executive commissioner by rule shall prescribe procedures a local mental health authority must follow in remedying a problem with a provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 12, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.063. Peer Review Organization

Sec. 534.063.  PEER REVIEW ORGANIZATION.  The department shall assist a local mental health authority in developing a peer review organization to provide self-assessment of programs and to supplement department reviews under Section 534.060.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.37, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.064. Contract Renewal

Sec. 534.064.  CONTRACT RENEWAL.  The executive commissioner may refuse to renew a contract with a local mental health authority and may select other agencies, entities, or organizations to be the local mental health authority if the department's evaluation of the authority's performance under Section 534.059 indicates that the authority cannot ensure the availability of the specific services to priority populations required by the department and this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.38, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 14, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.065. Renewal of Certain Contracts for Community Services

Sec. 534.065.  RENEWAL OF CERTAIN CONTRACTS FOR COMMUNITY SERVICES.  (a)  A local mental health authority shall review a contract scheduled for renewal that:
(1)  is between the authority and a private provider;
(2)  is for the provision of mental health services at the community level, including residential services; and
(3)  involves the use of state funds or funds for which the state has oversight responsibility.
(b)  The local mental health authority may renew the contract only if the contract meets the criteria provided by Section 533.016.
(c)  The local mental health authority and private provider shall negotiate a contract renewal at arm's length and in good faith.
(d)  This section applies to a contract renewal regardless of the date on which the original contract was initially executed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 821, Sec. 15, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1187, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.066. Local Match Requirement

Sec. 534.066.  LOCAL MATCH REQUIREMENT.  (a)  The department shall include in a contract with a local mental health authority a requirement that some or all of the state funds the authority receives be matched by local support in an amount or proportion jointly agreed to by the department and the authority's board of trustees and based on the authority's financial capability and its overall commitment to other mental health programs, as appropriate.
(b)   Patient fee income, third-party insurance income, services and facilities contributed by the local mental health authority, contributions by a county or municipality, and other locally generated contributions, including local tax funds, may be counted when calculating the local support for a local mental health authority. The department may disallow or reduce the value of services claimed as support.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.38, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 821, Sec. 16, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.067. Fee Collection Policy

Sec. 534.067.  FEE COLLECTION POLICY.  The executive commissioner shall establish a uniform fee collection policy for all local mental health authorities that is equitable, provides for collections, and maximizes contributions to local revenue.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.38, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.0675. Notice of Denial, Reduction, or Termination of Services

Sec. 534.0675.  NOTICE OF DENIAL, REDUCTION, OR TERMINATION OF SERVICES.  The executive commissioner by rule, in cooperation with local mental health authorities, consumers, consumer advocates, and service providers, shall establish a uniform procedure that each local mental health authority shall use to notify consumers in writing of the denial, involuntary reduction, or termination of services and of the right to appeal those decisions.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.38, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 646, Sec. 11, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.068. Audits

Sec. 534.068.  AUDITS.  (a)  As a condition to receiving funds under this subtitle, a local mental health authority other than a state facility designated as an authority must annually submit to the department a financial and compliance audit prepared by a certified public accountant or public accountant licensed by the Texas State Board of Public Accountancy.  To ensure the highest degree of independence and quality, the local mental health authority shall use an invitation-for-proposal process as prescribed by the executive commissioner to select the auditor.
(a-1)  The audit required under Subsection (a) may be published electronically on the local mental health authority's Internet website.  An authority that electronically publishes an audit under this subsection shall notify the department that the audit is available on the authority's Internet website on or before the date the audit is due.
(b)  The audit must meet the minimum requirements as shall be, and be in the form and in the number of copies as may be, prescribed by the executive commissioner, subject to review and comment by the state auditor.
(c)  The local mental health authority shall file the required number of copies of the audit report with the department by the date prescribed by the executive commissioner.  From the copies filed with the department, copies of the report shall be submitted to the governor and Legislative Budget Board.
(d)  The local mental health authority shall either approve or refuse to approve the audit report.  If the authority refuses to approve the report, the authority shall include with the department's copies a statement detailing the reasons for refusal.
(e)  The commissioner and state auditor have access to all vouchers, receipts, journals, or other records the commissioner or auditor considers necessary to review and analyze the audit report.
(f)  The department shall annually submit to the governor and Legislative Audit Committee a summary of the significant findings identified during the department's reviews of fiscal audit activities.
(g)  The report required under Subsection (f) may be published electronically on the department's Internet website.  The department shall notify each entity entitled to receive a copy of the report that the report is available on the department's Internet website on or before the date the report is due.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.39, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 68, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 16, eff. September 1, 2021.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.069. Criteria for Providing Funds for Start-Up Costs

Sec. 534.069.  CRITERIA FOR PROVIDING FUNDS FOR START-UP COSTS.  (a)  The executive commissioner by rule shall develop criteria to regulate the provision of payment to a private provider for start-up costs associated with the development of residential and other community services for persons with mental illness.
(b)  The criteria shall provide that start-up funds be awarded only as a last resort and shall include provisions relating to:
(1)  the purposes for which start-up funds may be used;
(2)  the ownership of capital property and equipment obtained by the use of start-up funds; and
(3)  the obligation of the private provider to repay the start-up funds awarded by the department by direct repayment or by providing services for a period agreed to by the parties.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.070. Use of Prospective Payment Funds

Sec. 534.070.  USE OF PROSPECTIVE PAYMENT FUNDS.  (a)  Each local mental health authority that receives prospective payment funds shall submit to the department a quarterly report that clearly identifies how the provider or program used the funds during the preceding fiscal quarter.
(b)  The executive commissioner by rule shall prescribe the form of the report, the specific information that must be included in the report, and the deadlines for submitting the report.
(c)  The department may not provide prospective payment funds to a local mental health authority that fails to submit the quarterly reports required by this section.
(d)  In this section, "prospective payment funds" means money the department prospectively provides to a local mental health authority to provide community services to certain persons with mental illness.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. Community-Based Mental Health Services › Section 534.071. Advisory Committee

Sec. 534.071.  ADVISORY COMMITTEE.  A local mental health authority may appoint a committee to advise its governing board on a matter relating to the oversight and provision of mental health services.  The appointment of a committee does not relieve the authority's governing board of a responsibility prescribed by this subtitle.
Added by Acts 1999, 76th Leg., ch. 1209, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.101. Definitions

Sec. 534.101.  DEFINITIONS.  In this subchapter:
(1)  "Commissioner" means the commissioner of aging and disability services.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Department facility" means a state supported living center, including the ICF-IID component of the Rio Grande State Center.
Added by Acts 1997, 75th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1229, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.530, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.102. Rules and Standards

Sec. 534.102.  RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules, including standards, the executive commissioner considers necessary and appropriate to ensure the adequate provision of community-based intellectual disability services through a local intellectual and developmental disability authority under this subchapter.
(b)  The department shall send a copy of the rules to each local intellectual and developmental disability authority or other provider receiving contract funds as a local intellectual and developmental disability authority or designated provider.
Added by Acts 1997, 75th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.531, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.103. Required Community-Based Intellectual Disability Services

Sec. 534.103.  REQUIRED COMMUNITY-BASED INTELLECTUAL DISABILITY SERVICES.  (a)  The department shall ensure that, at a minimum, the following services are available in each service area:
(1)  community-based assessments, including diagnosis and evaluation services;
(2)  respite care; and
(3)  case management services.
(b)  The department shall arrange for appropriate community-based services, including the assignment of a case manager, to be available in each service area for each person discharged from a department facility who is in need of care.
(c)  To the extent that resources are available, the department shall ensure that the services listed in this section are available for children, including adolescents, as well as adults, in each service area.
Added by Acts 1997, 75th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.532, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.104. Joint Discharge Planning

Sec. 534.104.  JOINT DISCHARGE PLANNING.  (a)  The executive commissioner shall adopt, and the department shall enforce, rules that require continuity of services and planning for client care between department facilities and local intellectual and developmental disability authorities.
(b)  At a minimum, the rules must require joint discharge planning between a department facility and a local intellectual and developmental disability authority before a facility discharges a client or places the client on an extended furlough with an intent to discharge.
(c)  The local intellectual and developmental disability authority shall plan with the department facility and determine the appropriate community services for the client.
(d)  The local intellectual and developmental disability authority shall arrange for the provision of the services if department funds are to be used and may subcontract with or make a referral to a local agency or entity.
Added by Acts 1997, 75th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.802, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.533, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.105. Designation of Provider

Sec. 534.105.  DESIGNATION OF PROVIDER.  (a)  The department shall identify and contract with a local intellectual and developmental disability authority for each service area to ensure that services are provided to client populations determined by the department.  A local intellectual and developmental disability authority shall ensure that services to address the needs of priority populations are provided as required by the department and shall comply with the rules and standards adopted under Section 534.102.
(b)  The department may contract with a local agency or a private provider or organization to act as a designated provider of a service if the department:
(1)  cannot negotiate a contract with a local intellectual and developmental disability authority to ensure that a specific required service for priority populations is available in that service area; or
(2)  determines that a local intellectual and developmental disability authority does not have the capacity to ensure the availability of that service.
Added by Acts 1997, 75th Leg., ch. 835, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.106. Contracts for Certain Community Services

Sec. 534.106.  CONTRACTS FOR CERTAIN COMMUNITY SERVICES.  (a)  The executive commissioner shall design a competitive procurement or similar system that an intellectual and developmental disability authority shall use in awarding an initial contract for the provision of services at the community level for persons with an intellectual disability, including residential services, if the contract involves the use of state money or money for which the state has oversight responsibility.
(b)  The system must require that each local intellectual and developmental disability authority:
(1)  ensure public participation in the authority's decisions regarding whether to provide or to contract for a service;
(2)  make a reasonable effort to give notice of the intent to contract for services to each potential private provider in the local service area of the authority; and
(3)  review each submitted proposal and award the contract to the applicant that the authority determines has made the lowest and best bid to provide the needed services.
(c)  Each local intellectual and developmental disability  authority, in determining the lowest and best bid, shall consider any relevant information included in the authority's request for bid proposals, including:
(1)  price;
(2)  the ability of the bidder to perform the contract and to provide the required services;
(3)  whether the bidder can perform the contract or provide the services within the period required, without delay or interference;
(4)  the bidder's history of compliance with the laws relating to the bidder's business operations and the affected services and whether the bidder is currently in compliance;
(5)  whether the bidder's financial resources are sufficient to perform the contract and to provide the services;
(6)  whether necessary or desirable support and ancillary services are available to the bidder;
(7)  the character, responsibility, integrity, reputation, and experience of the bidder;
(8)  the quality of the facilities and equipment available to or proposed by the bidder;
(9)  the ability of the bidder to provide continuity of services; and
(10)  the ability of the bidder to meet all applicable written departmental policies, principles, and regulations.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 16, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
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 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.107. Coordination of Activities

Sec. 534.107.  COORDINATION OF ACTIVITIES.  A local intellectual and developmental disability authority shall coordinate its activities with the activities of other appropriate agencies that provide care and treatment for persons with drug or alcohol problems.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.