Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 412 - LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 412.57 - Provisions for Community Services Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The local authority must ensure that all its
											  community services contracts are consistent with the local authority's performance contract and with the
											  model contracts designed by TDMHMR as required by the Texas Health and Safety Code, §
										534.055(c).
(b) The local authority must include in all of its community services
											  contracts that are funded by TDMHMR provisions stating:
(1) the contract
											  term;
(2) the community service(s) to be purchased;
(3) the identification of all parties;
(4) the total allowable payment or, if the community service is procured
											  through open enrollment or is on a capitated basis, the rate of payment;
(5) the method of payment;
(6)
											  that the contractor must comply with all applicable federal and state laws, rules, and regulations,
											  including:
(A) Title VI of the Civil Rights Act of 1964;
(B) Section 504 of the Rehabilitation Act of 1973;
(C) the Americans with Disabilities Act of 1990 (ADA); and
(D) the Age Discrimination in Employment Act of 1967;
(7) that if, as a result of a change to a TDMHMR rule or state or federal
											  law, the contractual obligations of the contractor are materially changed or a significant financial burden
											  is placed on the contractor, then the parties may renegotiate in good faith to amend the contract;
(8) that no consumer will be excluded from participation in, denied the
											  benefits of, or unlawfully discriminated against, in any program or activity funded by the contract on the
											  grounds of race, color, ethnicity, national origin, religion, sex, age, disability, or political affiliation
											  in accordance with applicable laws;
(9) that all documents
											  pertinent to the contract, including consumer records, will be retained by the contractor for a period of
											  five years;
(10) that all consumer-identifying information will
											  be maintained by the contractor as confidential in accordance with applicable law and Chapter 414, Subchapter
											  A of this title (relating to Client-Identifying Information);
(11) that the contractor, its licensed staff, and other appropriate staff
											  (such as QMHP-CS) will be credentialed before services are delivered to consumers by such contractor and
											  staff;
(12) a dispute resolution process;
(13) the clearly defined performance expectations which directly relate to
											  the community service's objectives, including goals, outputs, and measurable outcomes, and that the
											  contractor must provide services in accordance with such expectations;
(14) that any allegation of abuse, neglect, or exploitation of a consumer
											  under the contract will be reported in accordance with applicable law, TDMHMR rules, and Texas Department of
											  Protective and Regulatory Services rules;
(15) that AIDS/HIV
											  workplace guidelines, similar to those adopted by TDMHMR and AIDS/HIV confidentiality guidelines and
											  consistent with state and federal law, will be adopted and implemented by the contractor;
(16) that the contractor will comply with the relevant TDMHMR rules,
											  certifications, accreditations, and licenses, that are specified in the contract;
(17) that services will be provided in accordance with consumers' treatment
											  plans;
(18) that pursuant to Texas Health and Safety Code, §
											534.061,
											  TDMHMR, the local authority, and their designees, including independent financial auditors, shall have, with
											  reasonable notice, unrestricted access to all facilities, records, data, and other information under the
											  control of the contractor as necessary to enable the local authority to audit, monitor, and review all
											  financial and programmatic activities and services associated with the contract;
(19) any sanctions and remedies the local authority may take in response to
											  the contractor's failure to comply with the contract provisions; and
(20) that the contractor will immediately notify the local authority of any
											  change, or potential change, in its status that could affect its inclusion in the provider network.