reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.315 - Project Review and Evaluation Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Performance data
					 for each grant-funded project must be submitted by grantees on a routine schedule
					 as specified in the contract with HHSC.
(b) Not later than the 90th day after the last
					 day of the state fiscal year for which HHSC distributes a grant under this
					 division, each grantee must prepare and submit a report to HHSC describing the
					 effect of the grant money and matching funds in achieving the outcome measures in
					 the plan submitted with the grantee's proposal.
(c) HHSC may make inspections of the operation
					 and provision of mental health services provided by a community collaborative
					 under this grant to ensure state money appropriated for the grant program is used
					 effectively.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.351 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The purpose of this division is to implement Texas Government Code §
											531.09936 by
					 establishing a grant program to assist with the establishment or expansion of
					 behavioral health centers or jail diversion centers in a local mental health
					 authority or local behavioral health authority's local service area to provide:
(1) additional forensic hospital beds and
					 competency restoration services;
(2)
					 inpatient and outpatient mental health services to adults and children;
					 and
(3) services to reduce recidivism
					 and the frequency of arrest, incarceration, and emergency detentions among
					 persons with mental illness.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.353 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms,
						when used in this division, have the following meanings, unless the context
						clearly indicates otherwise.
(1)
					 Applicant--A non-profit or governmental entity that submits a proposal to apply
					 for a grant under this division.
(2)
					 Governmental entity--This state, a political subdivision of this state, or an
					 agency of this state.
(3) Grantee--A
					 recipient of funds awarded under this division.
(4) HHSC--The Texas Health and Human Services
					 Commission.
(5) Local behavioral
					 health authority--A local behavioral health authority designated by HHSC in
					 accordance with Texas Health and Safety Code §
											533.0356.
(6) Local mental health authority--A local
					 mental health authority designated by HHSC in accordance with Texas Health and
					 Safety Code §
											533.035(a).
(7) Nonprofit organization--An organization
					 that is exempt from federal income taxation under Section 501(a), Internal
					 Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3)
					 of that code.
(8) Rural--A county
					 with a population of 250,000 or less.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.355 - General Conditions of a Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) A grant under this division, and any
					 extension, continuation, or addition to such funds, are subject to:
(1) the availability of appropriated state
					 funds;
(2) a competitive award
					 process established by HHSC; and
(3)
					 the requirements of the contract executed by HHSC with the grantee as required
					 under §307.365 of this division (relating to Contract Execution).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.357 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
In addition to the general conditions described in
						§307.355 of this division (relating to General Conditions of a
						Grant):
(1) only governmental entities
					 and nonprofit organizations are eligible for grants awarded under this division;
					 and
(2) a governmental entity or
					 nonprofit organization must provide matching funds as outlined by HHSC in the
					 request for proposals, which can include gifts, grants, donations, or in-kind
					 contributions from any person but must not include money from state
					 funds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.359 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
Proposals must meet the requirements and
						specifications set forth in requests for proposals issued by HHSC. Proposals must
						be to expand or establish a behavioral health center or jail diversion center to
						provide one or more of the following types of services:
(1) forensic hospital beds and competency
					 restoration services;
(2) inpatient
					 and outpatient mental health services for adults and children, including
					 counseling and psychiatric services; or
(3) services to reduce recidivism and the
					 frequency of arrest, incarceration, and emergency detentions among persons with
					 mental illness in the local service area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.361 - Grant Proposals and Selection Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must
					 submit a proposal directly to HHSC in the time and manner specified by HHSC. A
					 proposal received after the deadline specified by HHSC will not be
					 considered.
(b) HHSC reviews and
					 evaluates eligible, complete, and timely proposals in accordance with the
					 evaluation methodology published in the request for proposal or other notice of
					 potential award issued by HHSC.
(c)
					 An applicant may request technical assistance or data from HHSC up to six months
					 before the release of a funding opportunity under Texas Government Code §
											531.09936.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.363 - Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
In selecting grant recipients, HHSC:
(1) prioritizes proposals from applicants for
					 services that will be provided primarily in rural areas;
(2) considers the extent to which proposed
					 services are already available in the area to be served; and
(3) considers other criteria established by
					 HHSC as described in the specific request for proposal or other notice of
					 potential awards issued by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.365 - Contract Execution

Current through Reg. 49, No. 28; July 12, 2024
Grantees are required to execute a contract with
						HHSC on mutually agreeable terms and conditions in the manner and format
						prescribed by HHSC. Grant funds may not be distributed to a grantee before the
						execution of a contract with HHSC. In addition to other requirements, the
						contract will require that the grantee comply with:
(1) the performance objectives established by
					 HHSC and monitored through progress reports;
(2) any financial and reporting requirements
					 established by HHSC;
(3) all
					 applicable policies and procedures; and
(4) all applicable federal and state laws and
					 their implementing regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 2 - RURAL INITIATIVES GRANT PROGRAM › Section 307.367 - Project Review and Evaluation Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Performance data
					 for each grant-funded project must be submitted by grantees on a routine schedule
					 determined by HHSC.
(b) Not later
					 than the 90th day after the last day of the state fiscal year for which HHSC
					 distributes a grant under this division, each grantee must prepare and submit a
					 report describing the effect of the grant money and matching funds in achieving
					 the outcome measures in the plan submitted with the proposal.
(c) HHSC may make inspections of the operation
					 and provision of mental health services provided by a grantee under this section
					 to ensure state money appropriated for the grant program is used
					 effectively.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter A - PREVENTION › Section 321.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to specify the
					 requirements for department-funded prevention services providers to implement
					 the primary prevention strategies set forth in 45 Code of Federal Regulations
					 (CFR), § 96.125, and to establish criteria for measuring the effectiveness
					 of state agency-funded substance abuse preventions providers. In this
					 subchapter, the term "prevention services" includes prevention
					 activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter A - PREVENTION › Section 321.3 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to providers of department-funded
					 services for the prevention of substance abuse.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter A - PREVENTION › Section 321.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and phrases when used in this
					 subchapter shall have the following meanings unless the context clearly
					 indicates otherwise.
(1)
				  ATOD--Alcohol, tobacco, and/or other drugs.
(2) Department--The Department of State
				  Health Services.
(3) Participant--A
				  person receiving substance abuse prevention services funded by a state
				  agency.
(4) Protective
				  factors--Elements that serve to reduce the influence of risk factors and may
				  have a positive effect on a person, group, or geographic area, thereby building
				  resilience and decreasing the likelihood for developing risky behaviors that
				  could lead to a substance abuse problem; e.g., parent or guardian involvement
				  or safe living environment.
(5)
				  Risk factors--Elements that may have a negative effect on a person, group, or
				  geographic area, thereby increasing the likelihood for developing risky
				  behaviors that could lead to a substance abuse problem; e.g., living in a high
				  crime or gang area, family history of ATOD problems, lack of a supportive
				  adult, or poor academic performance.
(6) Substance abuse prevention program
				  provider--A person or entity who contracts with a state agency listed in §
				  447.105 of Title 25 [now repealed] (relating to Interagency Collaboration and
				  Reporting) to provide substance abuse prevention services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter A - PREVENTION › Section 321.7 - Program Description

Current through Reg. 49, No. 28; July 12, 2024
A comprehensive prevention program includes a broad array
					 of prevention strategies directed at individuals who have not been identified
					 as needing treatment for substance abuse. The comprehensive prevention programs
					 shall include activities and strategies appropriate for the target group and
					 are provided in a variety of settings for both the general population, as well
					 as targeted sub-groups who are at high risk for substance abuse.
(1) Universal Prevention. Universal
				  prevention programs promote a proactive process that addresses the health and
				  wellness of individuals, families, and communities by enhancing their
				  protective factors. Services are designed to deter the use of ATOD and to
				  foster the development of social and physical environments that facilitate
				  healthy ATOD-free lifestyles. This program type is designed to target a very
				  large audience or population, such as community, school or neighborhood that
				  has not been identified on the basis of individual risk. The required
				  strategies are as follows:
(A) information
				  dissemination;
(B)
				  education;
(C) alternative
				  activities;
(D) problem
				  identification and referral;
(E)
				  community-based process; and
(F)
				  environmental, as defined in 42 CFR, §
												96.125(b).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter B - INTERVENTION › Section 321.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe
					 department-funded substance abuse intervention services programs. In general,
					 interventions services are designed to address specific problems that, if left
					 unresolved, can lead to substance abuse or dependence. Intervention services
					 are designed to be flexible and responsive to changing community needs and
					 budgetary constraints.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter B - INTERVENTION › Section 321.53 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to providers of department-funded
					 substance abuse intervention services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter C - TREATMENT › Section 321.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe
					 department-funded substance abuse treatment programs and program
					 providers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter C - TREATMENT › Section 321.103 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to providers of department-funded
					 substance abuse treatment services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 321 - SUBSTANCE USE SERVICES › Subchapter C - TREATMENT › Section 321.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and phrases when used in this
					 subchapter shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Contract--A
				  written agreement between the department and a program provider to provide
				  substance abuse treatment services.
(2) Case management--Services that assist and
				  support persons receiving services from a program provider in developing skills
				  to gain access to and obtain services from needed medical, social, educational
				  and other service providers essential to meeting basic human needs. This
				  function consists of assessment of needs, appropriate referrals, follow-up on
				  referrals, and a plan of action with clear goals.
(3) Department--The Department of State
				  Health Services.
(4)
				  Medication-assisted therapies--Medications used in any treatment for addictions
				  that includes a medication approved by the U.S. Food and Drug Administration
				  for addiction detoxification or maintenance treatment.
(5) Program provider--A person or entity that
				  contracts with the department to provide substance abuse treatment
				  services.
(6) Substance use
				  disorder--A broad term that includes substance abuse, substance dependence,
				  substance withdrawal, substance intoxication, and other related disorders as
				  described in the Diagnostic and Statistical Manual of Mental
				  Disorders.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe the role and
				  responsibilities of a local intellectual and developmental disability authority
				  (LIDDA), including those responsibilities described in THSC,
				  §533.0355(b).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and phrases, when used in this
				  subchapter, have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Actively
				involved--Significant, ongoing, and supportive involvement with an individual
				by a person, as determined by the LIDDA, based on the person's:
(A) interactions with the
				individual;
(B) availability to the
				individual for assistance or support when needed; and
(C) knowledge of, sensitivity to, and
				advocacy for the individual's needs, preferences, values, and
				beliefs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.7 - Role and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				LIDDA's role is to serve as the single point of access to certain publicly
				funded services and supports for the residents within the LIDDA's local service
				area.
(b) As the single point of
				access, a LIDDA's responsibilities include:
(1) providing information about services and
				supports to an individual and LAR or actively involved person;
(2) ensuring an individual's access into
				services and supports by:
(A) conducting
				intake and eligibility activities for an individual seeking services and
				supports; and
(B) enrolling or
				admitting an eligible individual into services and supports;
(3) performing safety net
				functions;
(4) ensuring the
				provision and oversight of general revenue services by:
(A) developing and managing a network of
				general revenue services providers; and
(B) establishing processes to monitor the
				performance of general revenue services providers;
(5) conducting service
				coordination;
(6) conducting
				utilization management;
(7)
				conducting planning for the local service area, including ensuring involvement
				by a local advisory committee and other stakeholders;
(8) conducting permanency planning for
				certain individuals under 22 years of age; and
(9) protecting the rights of an
				individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.9 - Access, Intake, and Enrollment Related Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Access. A LIDDA must have a place of
				business reasonably accessible to the residents of the local service area where
				an individual can request services and supports. The LIDDA must assist an
				individual for whom it is the designated LIDDA with accessing such services and
				supports.
(b) Screening.
(1) A LIDDA must develop and implement
				policies and procedures related to screening an individual seeking services and
				supports that address:
(A) providing an oral
				and written explanation of services and supports to the individual and LAR or
				actively involved person and family member using DADS-approved
				documents;
(B) gathering and
				documenting information to determine a need for services and
				supports;
(C) triaging immediate
				needs to be responsive to a crisis situation;
(D) determining whether a request can be met
				with resources at the LIDDA or whether the individual will be directed to
				alternate resources in the community;
(E) assisting the individual or LAR in
				identifying services and supports preferences, documenting those preferences on
				the DADS-approved form, and maintaining a copy of the documentation;
				and
(F) if the services and
				supports preferred by the individual or LAR are not available:
(i) assisting the individual or LAR in
				gaining access to alternative services and supports and registering the
				individual's name on the appropriate interest lists;
(ii) documenting efforts undertaken by the
				LIDDA to obtain the requested services and supports, including the names and
				addresses of programs and facilities to which the individual or LAR was
				referred; and
(iii) documenting the
				services and supports for which the individual is waiting.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.11 - Responsibilities for Individuals in Certain Residential Settings

Current through Reg. 49, No. 28; July 12, 2024
(a) Community living options information
				process at SSLCs. A LIDDA whose local service area includes an SSLC must
				implement the community living options information process for residents 22
				years of age and older at the SSLC as required by the performance contract and
				DADS rules.
(b) Continuity of
				services. A LIDDA must comply with Subchapter F (relating to Continuity of
				Services--State Services), Division 4 of this chapter (relating to Moving From
				a State Facility to an Alternative Living Arrangement), when an SSLC
				interdisciplinary team recommends an alternative living arrangement for an
				individual residing in the SSLC.
(c) Permanency planning.
(1) A LIDDA must conduct permanency planning
				for an individual under 22 years of age who is:
(A) enrolled in the ICF/IID Program,
				including an SSLC; or
(B) receiving
				residential support or supervised living from an HCS Program provider in the
				LIDDA local service area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.13 - Provision and Oversight of General Revenue Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA is responsible for ensuring the
				provision of and overseeing an array of general revenue services described in
				the performance contract that is responsive to the needs of its local service
				area.
(b) A LIDDA must have
				policies and procedures that ensure on-going assessments are conducted for an
				individual, and the general revenue services in the individual's plan of
				services and supports are coordinated and monitored in accordance with §
									2.556 of
				this chapter (relating to MRA's Responsibilities) and §
									2.561
				of this chapter (relating to Documentation of Service Coordination) contained
				in Subchapter L (relating to Service Coordination for Individuals with an
				Intellectual Disability.
(c) A
				LIDDA must have policies and procedures related to respite (in-home,
				facility-based, or both) funded by general revenue that:
(1) encourage the use of existing local
				providers of respite;
(2) encourage
				participation by the individual and LAR or actively involved person in the
				choice of a qualified provider of in-home respite;
(3) describe how in-home respite providers
				are selected and trained;
(4)
				describe how emergency backup for in-home respite providers is
				provided;
(5) address admission
				procedures; and
(6) require
				development of a respite plan prior to the delivery of respite except in an
				emergency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.15 - Health, Safety, and Rights

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Protection of rights. A LIDDA must develop and implement policies and
				procedures that protect the rights of individuals and are consistent with
				Chapter 4, Subchapter C of this title (relating to Rights of Individuals with
				an Intellectual Disability).
(b)
				Restrictions and limitations placed on an individual.
(1) A LIDDA:
(A) may implement behavioral support that
				involves restrictions or limitations placed on an individual only in accordance
				with paragraph (2) of this subsection and subsection (e) of this
				section;
(B) must comply with
				subsection (f) of this section when using restraint, and for restraint used
				under subsection (f)(2)(A) or (B) of this section, also comply with paragraph
				(2) of this subsection; and
(C) may
				place another type of restriction or limitation on an individual only if:
(i) the restriction or limitation protects
				the individual's health or safety that is jeopardized by an identified
				behavior; and
(ii) the LIDDA
				complies with paragraphs (2) and (3) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 330 - LIDDA Role And Responsibilities › Section 330.17 - Administrative Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Local
				planning.
(1) A LIDDA must conduct local
				planning in accordance with THSC, §533.0352, and ensure involvement of the
				local advisory committee and other stakeholders.
(2) A LIDDA must participate in the local
				CRCG when an individual has complex needs and requires multiagency
				services.
(3) A LIDDA must
				coordinate with local agencies to build an integrated service delivery system
				that ensures broad access to and information about community services,
				identifies the LIDDA's safety net functions, and maximizes the utilization of
				existing resources while avoiding duplication of effort and gaps in
				services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes requirements for service
				  coordination delivered by the mental retardation authority (MRA) to an
				  individual in the mental retardation priority population (MR priority
				  population) who desires services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Actively involved
				person--For an individual who lacks the ability to provide legally adequate
				consent and who does not have a legally authorized representative (LAR), a
				person whose significant and ongoing involvement with the individual is
				determined by the individual's designated MRA to be supportive of the
				individual based on the person's:
(A) observed
				interactions with the individual;
(B) knowledge of and sensitivity to the
				individual's preferences, values, and beliefs;
(C) availability to the individual for
				assistance or support; and
(D)
				advocacy for the individual's preferences, values, and beliefs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.7 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for service coordination,
				an individual must:
(1) be a member of the
				LIDDA priority population and must meet at least one of the following criteria:
(A) have two or more documented needs that
				require services and supports other than service coordination as evidenced by
				an assessment conducted by the designated LIDDA and not reside in an
				institution;
(B) be:
(i) in the process of enrolling in the
				ICF/IID Program; or
(ii) in the
				process of enrolling in the HCS or TxHmL Program or be currently enrolled in
				the HCS or TxHmL Program; or
(iii)
				in the process of enrolling in CFC services provided through an MCO;
(C) be 21 years of age or older
				with an ICF/IID level-of-care and receiving CFC services through an
				MCO;
(D) be seeking admission to a
				state supported living center;
(E)
				be transitioning from an ICF/IID or from a nursing facility to community-based
				services; or
(F) be transitioning
				from a state MH facility to community-based services; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.9 - Funding Service Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) Service
				coordination may be funded by:
(1) personal
				funds or third-party insurance other than Medicaid;
(2) Medicaid targeted case management;
				or
(3) general revenue.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.11 - LIDDA's Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Developing a plan of services and supports. If the designated LIDDA determines
				an individual is eligible for and desires service coordination, the LIDDA must
				develop a plan of services and supports for the individual using
				person-directed planning that is consistent with DADS
Person Directed
				Planning Guidelines.
(1) For the HCS
				and TxHmL Programs, the person-directed plan (PDP), as defined in § 9.153
				and § 9.553 of this title (relating to Definitions), qualifies as a plan
				of services and supports.
(2) For
				an individual receiving CFC services through an MCO, a completed HHSC form
				"Community First Choice Assessment" qualifies as a plan of services and
				supports.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.13 - Caseloads

Current through Reg. 49, No. 28; July 12, 2024
The MRA is responsible for determining the number of cases
				  per staff person who provides service coordination based on factors such as
				  individuals' needs, the frequency and duration of contacts, and travel
				  time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.15 - Termination of Service Coordination

Current through Reg. 49, No. 28; July 12, 2024
The MRA must terminate service coordination for an individual
				  if:
(1) the individual no longer meets
				the eligibility criteria for service coordination as set forth in § 2.554
				of this title (relating to Eligibility); or
(2) the individual or the LAR no longer
				desires service coordination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.17 - Minimum Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Service coordination may be provided only by an employee of the
				LIDDA.
(b) Except as provided by
				subsections (d), (e), and (f) of this section, a staff person providing service
				coordination must have:
(1) a bachelor's or
				advanced degree from an accredited college or university;
(2) an associate degree in a social,
				behavioral, human service, or health-related field including, psychology,
				social work, medicine, nursing, rehabilitation, counseling, sociology, human
				development, gerontology, educational psychology, education, and criminal
				justice; or
(3) a high school
				diploma or a certificate recognized by a state as the equivalent of a high
				school diploma, and two years of paid or unpaid experience with individuals
				with intellectual or developmental disabilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.19 - Staff Person Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A LIDDA must
				ensure that the following staff persons complete the training as described in
				subsection (b) of this section:
(1) a staff
				person who provides service coordination; and
(2) a staff person who supervises or oversees
				the provision of service coordination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.21 - Documentation of Service Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				MRA must document the required contacts described in the individual's plan of
				services and supports, including:
(1) the
				date of contact;
(2) the
				description of the element(s) of service coordination provided;
(3) the progress or lack of progress in
				achieving goals or outcomes;
(4)
				the person with whom the contact occurred; and
(5) the staff who provided the contact and
				his or her professional discipline, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 331 - LIDDA SERVICE COORDINATION › Section 331.23 - Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Medicaid-eligible individuals. Any Medicaid-eligible individual whose request
				for eligibility for service coordination is denied or is not acted upon with
				reasonable promptness, or whose service coordination has been terminated,
				suspended, or reduced by the department is entitled to a fair hearing in
				accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair
				Hearing Rules).
(b)
				Non-Medicaid-eligible individuals. If an MRA decides to deny, involuntarily
				reduce, or terminate service coordination for a non-Medicaid-eligible
				individual, the MRA must notify the individual or LAR in writing of the
				decision and provide an explanation of the procedure for the individual or LAR
				to request a review by the MRA as required by § 2.46 of this chapter
				(relating to Notification and Appeals Process).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes:
(1) the rights of an individual with mental
				retardation and of an LAR; and
(2)
				procedures of DADS for informing and protecting the rights of:
(A) an individual residing in a state MR
				facility or receiving services and supports from an MRA; and
(B) an LAR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.103 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to:
(1) a state MR facility; and
(2) an MRA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Actively involved
				person--A person with significant and ongoing involvement with an individual
				who lacks the ability to provide legally adequate consent and who does not have
				an LAR. The MRA providing services and supports to the individual or the state
				MR facility in which the individual resides determines if the person is
				actively involved based on the person's:
(A)
				observed interactions with the individual;
(B) knowledge of and sensitivity to the
				individual's preferences, values, and beliefs;
(C) availability to the individual for
				assistance or support; and
(D)
				advocacy for the individual's preferences, values, and beliefs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.107 - Rights of an Individual

Current through Reg. 49, No. 28; July 12, 2024
The PMRA provides that an individual in Texas has the rights,
				  benefits, and privileges guaranteed by the constitutions and laws of the United
				  States and Texas, unless those rights, benefits, and privileges are lawfully
				  restricted. The following specific rights listed in the PMRA are not exclusive
				  and do not limit the rights otherwise guaranteed by the constitutions and laws
				  of the United States and Texas:
(1)
				the right to protection from exploitation and abuse, as described in THSC,
				§592.012;
(2) the right to
				live in the least restrictive setting appropriate to the individual's needs and
				abilities and in a variety of living situations, as described in THSC,
				§592.013;
(3) the right to
				receive publicly supported educational services, as described in THSC,
				§592.014;
(4) the right to
				equal opportunities in employment, as described in THSC,
				§592.015;
(5) the right to
				purchase, rent, or lease real property, as described in THSC,
				§592.016;
(6) the right to
				adequate treatment and habilitative services, as described in THSC,
				§592.017;
(7) the right to
				promptly receive a determination of mental retardation using diagnostic
				techniques that are adapted to that individual's cultural background, language,
				and ethnic origin to determine if the individual is in need of mental
				retardation services, as described in THSC, §592.018;
(8) the right to request and promptly receive
				an administrative hearing to contest the findings of the determination of
				mental retardation, as described in THSC, §592.019;
(9) the right to an additional, independent
				determination of mental retardation performed at the individual's expense if
				the individual questions the validity or results of the determination of mental
				retardation, as described in THSC, §592.020; and
(10) the right to the presumption of
				competency, due process in guardianship proceedings, and fair compensation for
				the individual's labor for the economic benefit of another, regardless of any
				direct or incidental therapeutic value to the individual, as described in THSC,
				§592.021.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.109 - Rights of an Individual Receiving Services and Supports and an LAR

Current through Reg. 49, No. 28; July 12, 2024
(a) An LAR has the authority to make certain
				decisions on an individual's behalf.
(b) An individual receiving services and
				supports and an LAR have the following rights:
(1) the right to participate in the
				development and periodic review of an individualized treatment plan and to
				receive the individual's progress in writing at reasonable intervals, as
				described in THSC, §§592.033 - 592.035;
(2) the right to choose from several
				appropriate services, if possible, as described in THSC,
				§592.035(b);
(3) the right to
				withdraw the individual from services and supports, as described in THSC,
				§592.036;
(4) the right to not
				receive unnecessary or excessive medications, as described in THSC,
				§592.038;
(5) the right to
				initiate a complaint on behalf of the individual, as described in THSC,
				§592.039;
(6) the right to be
				given written notice of the rights guaranteed by the PMRA in plain and simple
				language when the individual begins to receive services and supports, as
				described in THSC, §592.040;
(7) the right to have access to information
				contained in the individual's record, as described in THSC, §595.004;
				and
(8) the right to request an
				administrative hearing to contest a proposed transfer or discharge of the
				individual from a state MR facility, the denial of a requested discharge or
				transfer of the individual from a state MR facility, or the results of a
				determination of mental retardation of the individual, as described in
				Subchapter D of this chapter (relating to Administrative Hearings Under the
				PMRA).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.111 - Penalties for a Violation of Rights of an Individual

Current through Reg. 49, No. 28; July 12, 2024
THSC, Chapter 591, Subchapter C, Penalties and Remedies,
				  describes the penalties and remedies available for a violation of the rights of
				  an individual guaranteed by the PMRA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.113 - Rights Protection Officer at a State MR Facility or MRA

Current through Reg. 49, No. 28; July 12, 2024
(a) A state MR facility and an MRA must
				employ a rights protection officer whose primary duty is to advocate for the
				rights of individuals served by that state MR facility or MRA and to assist
				LARs in advocating for the rights of individuals.
(b) The superintendent of a state MR facility
				and the chief executive officer of an MRA must specify the duties of the rights
				protection officer, which must include:
(1)
				receiving a complaint regarding the violation of an individual's or LAR's
				rights or the quality of services and supports;
(2) investigating a complaint or forwarding
				the complaint to the appropriate investigatory entity;
(3) advocating for the resolution of a
				complaint;
(4) reporting the
				results of an investigation to the complainant, consistent with confidentiality
				rights;
(5) reviewing policies,
				procedures, and practices of the state MR facility or MRA that affect the
				rights of an individual and LAR to ensure that the individual's and LAR's
				rights are protected;
(6) serving
				as or coordinating with the liaison between the state MR facility or MRA and
				the Department of Family and Protective Services regarding allegations of abuse
				or neglect;
(7) acting as the
				liaison between the state MR facility or MRA and advocacy organizations;
				and
(8) acting as the liaison
				between the state MR facility or MRA and DADS Consumer Rights and
				Services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.115 - DADS Consumer Rights and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A state MR facility and an MRA must post
				DADS' Consumer Rights and Services toll-free number (1-800-458-9858)
				conspicuously in every program and residential area of the state MR facility or
				the MRA.
(b) A consumer rights
				representative in DADS Consumer Rights and Services assists an individual or an
				LAR upon request if DADS or an MRA denies services to the individual, including
				admission to a state MR facility.
(c) The consumer rights representative:
(1) explains and provides information about
				services and supports and the rules, procedures, and guidelines applicable to
				the individual who has been denied services; and
(2) assists the individual and the LAR in
				gaining access to appropriate services and supports or in placing the
				individual's name on an appropriate interest list.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.117 - Rights Handbooks

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS publishes
				handbooks describing the rights of an individual in simple, non-technical
				language and makes these handbooks available in English and in
				Spanish.
(b) A state MR facility
				must give a copy of
Your Rights in a State School or Center
to
				an individual and LAR or actively involved person when the state MR facility
				admits the individual and annually thereafter.
(c) An MRA must give a copy of
Your
				Rights in Mental Retardation Community Programs
to an individual and
				LAR or actively involved person when the individual applies to the MRA for
				services and supports and annually thereafter.
(d) DADS provides copies of
Your
				Rights in Mental Retardation Community Programs
to an MRA upon request
				in any language used by a significant percentage of the population in the MRA's
				local service area.
(e) A state MR
				facility and an MRA must conspicuously and at all times display the appropriate
				rights handbook in areas frequented by an individual, an individual's family
				member, or an LAR. The state MR facility and MRA must write in the handbook the
				name, telephone number, e-mail address, and mailing address of the rights
				protection officer at that state MR facility or MRA.
(f) A state MR facility and an MRA must
				provide the appropriate rights handbook to a person who requests a
				copy.
(g) The rights handbooks
				specified in subsections (b) and (c) of this section may be obtained:
(1) through DADS' website at
http://www.dads.state.tx.us/news_info/publications/brochures/index.html#consumer
;
(2) by writing the Department of Aging and
				Disability Services, Consumer Rights and Services, P.O. Box 149030, Mail Code
				E-249, Austin, Texas 78714-9030; or
(3) by calling the toll-free number at
				1-800-458-9858.