reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 2 - ORGANIZATIONAL STANDARDS › Section 301.327 - Access to Mental Health Community Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Adequate provider network. The LMHA and
					 MCO must maintain a provider network that is adequate and qualified to provide
					 all mental health community services that the LMHA and MCO are required to
					 provide under a contract with the department.
(b) Crisis screening and response system. The
					 LMHA and MCO must have a crisis screening and response system in operation 24
					 hours a day, every day of the year, that is available to individuals throughout
					 its contracted service delivery area. The telephone system to access the crisis
					 screening and response system must include a toll-free crisis hotline number
					 and be easily accessible and well publicized. Calls to the crisis hotline must
					 be answered by a hotline staff member who is trained in compliance with this
					 subchapter. The hotline must have teletypewriter (TTY) capabilities or other
					 assistive technology that is available and effective.
(c) Telephone access. In addition to the
					 crisis screening and response system described in subsection (b) of this
					 section, the LMHA and MCO must ensure the availability of a telephone system
					 and call center that allows individuals to contact the LMHA or MCO through a
					 toll-free number that must:
(1) operate
					 without using telephone answering equipment at least on business days during
					 normal business hours, except on national holidays, due to uncontrollable
					 interruption of service, or with prior approval of the department;
(2) have sufficient staff to operate
					 efficiently;
(3) collect, document,
					 and store detailed information, including special needs information, on all
					 telephone inquiries and calls;
(4)
					 during times other than those described in paragraph (1) of this subsection
					 provide electronic call answering methods that include an outgoing message
					 providing the crisis hotline telephone number, in languages relevant to the
					 service area, for callers to leave a message; and
(5) return routine calls before the end of
					 the next business day for all messages left after hours.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 2 - ORGANIZATIONAL STANDARDS › Section 301.329 - Medical Records System

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance
					 of medical records. The LMHA, MCO, and the provider must ensure:
(1) protection against unauthorized access,
					 disclosure, modification or destruction of medical records, whether accidental
					 or deliberate;
(2) the
					 availability, integrity, utility, authenticity, and confidentiality of
					 information within the medical record;
(3) a current, organized, legible, and
					 comprehensive records system that:
(A)
					 conforms to good professional practice;
(B) permits effective clinical review and
					 audit; and
(C) facilitates prompt
					 and systematic retrieval of information;
(4) a medical records system with sufficient
					 redundancy to ensure access to individual records; and
(5) compliance with applicable federal and
					 state laws, rules, and regulations, including HIPAA, 42 CFR Part 2, and the
					 requirements described in Chapter 414, Subchapter A of Title 25 (relating to
					 Protected Health Information).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 2 - ORGANIZATIONAL STANDARDS › Section 301.333 - Quality Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Quality
					 management plan. The LMHA and MCO must develop a written quality management
					 plan that includes:
(1) the quality management
					 program description and work plan;
(2) measurable objective indicators to detect
					 the need for improvement;
(3)
					 procedures and timelines for taking appropriate action when problems are
					 identified; and
(4) approval by the
					 LMHA or MCO governing body.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 2 - ORGANIZATIONAL STANDARDS › Section 301.335 - Utilization Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Utilization
					 management plan. The LMHA and MCO must develop a written utilization management
					 plan that includes:
(1) the utilization
					 management program plan description and work plan;
(2) requirements relating to the utilization
					 management committee credentials, job functions, meetings, and
					 training;
(3) how the utilization
					 management program's effectiveness in meeting goals will be
					 evaluated;
(4) how improvements
					 will be made on a regular basis;
(5) the oversight and control mechanisms to
					 ensure that UM activities meet required standards when they are delegated to an
					 administrative services organization or a DSHS-approved entity; and
(6) approval by the LMHA or MCO governing
					 body.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.351 - Crisis Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Coordinating
					 provision of crisis services. The LMHA and MCO must develop and implement
					 policies and procedures governing the provision of crisis services that:
(1) identify providers' roles and
					 responsibilities in responding to a crisis;
(2) describe the coordination of crisis
					 services to be required among providers of crisis services, law enforcement,
					 the judicial system, and other community entities; and
(3) comply with Chapter 419, Subchapter L of
					 Title 25 (relating to Mental Health Rehabilitative Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.353 - Provider Responsibilities for Treatment Planning and Service Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Assessment
					 and documentation. At the first routine face-to-face or telemedicine contact
					 with an individual seeking routine care services, as described in §
											301.327(d)(2) of this title
					 (relating to Access to Mental Health Community Services), a QMHP-CS with
					 appropriate supervision and training must perform an assessment of the
					 individual. The assessment must be documented and must include:
(1) the individual's identifying
					 information;
(2) completion of the
					 appropriate uniform assessment(s) and assessment guideline
					 calculations;
(3) present status
					 and relevant history, including education, employment, housing, legal,
					 military, developmental, and current available social and support
					 systems;
(4) co-occurring mental
					 illness, emotional disturbance, substance abuse, chemical dependency, or
					 developmental disorder;
(5)
					 relevant past and current medical and psychiatric information, which may
					 include trauma history;
(6)
					 information from the individual and LAR (if applicable) regarding the
					 individual's strengths, needs, natural supports, describe community
					 participation, responsiveness to previous treatment, as well as preferences for
					 and objections to specific treatments;
(7) if the individual is an adult without an
					 LAR, the needs and desire of the individual for family member involvement in
					 treatment and mental health community services;
(8) the identification of the LAR's or family
					 members' need for education and support services related to the individual's
					 mental illness or emotional disturbance and the plan to facilitate the LAR's or
					 family members' receipt of the needed education and support services;
(9) recommendations and conclusions regarding
					 treatment needs; and
(10) date,
					 signature, and credentials of staff member completing the assessment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.357 - Additional Standards of Care Specific to Mental Health Community Services for Children and Adolescents

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration
					 of the uniform assessment. The uniform assessment must be administered
					 face-to-face or via telemedicine with the individual and the LAR (if
					 applicable) or primary caregiver as clinically appropriate according to the
					 child's or adolescent's age, functioning, and current living
					 situation.
(b) Age and
					 developmentally appropriate mental health community services. All mental health
					 community services delivered to children and adolescents by a provider must be,
					 for each child and adolescent, age-appropriate, developmentally appropriate,
					 and consistent with academic development.
(c) Separation of individuals by age. A
					 provider that delivers mental health community services to children and
					 adolescents in group settings (e.g., residential, day programs, group therapy,
					 partial hospitalization, and inpatient) must separate children and adolescents
					 from adults. The provider must further separate children from adolescents
					 according to age and developmental needs, unless there is a clinical or
					 developmental justification in the medical record.
(d) Transition to mental health community
					 services for adults. The provider must develop a transition plan for each
					 adolescent who will need mental health community services for adults. The
					 transition plan must be developed in consultation with the adolescent (and LAR
					 if applicable) and future providers with adequate time to allow both current
					 and future providers to transition the adolescent into adult services without a
					 disruption in services. The transition plan must include:
(1) a summary of the mental health community
					 services and treatment the adolescent received as a child and
					 adolescent;
(2) the adolescent's
					 current status (e.g., diagnosis, medications, uniform assessment guideline
					 calculation, and unmet needs);
(3)
					 information from the adolescent and the LAR regarding the adolescent's
					 strengths, preferences for mental health community services, and responsiveness
					 to past interventions;
(4) a
					 description of the mental health community services the adolescent will receive
					 as an adult;
(5) a list of
					 resources for other recovery supports such as volunteer opportunities, family
					 or peer organizations, 12-step programs, churches, colleges, or community
					 education;
(6) documentation that
					 the adolescent's services continued throughout the transition without
					 disruptions; and
(7) documentation
					 of the follow up to ensure successful transition to adult services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.359 - Telemedicine Services

Current through Reg. 49, No. 28; July 12, 2024
The LMHA, MCO, and provider must ensure that if a
						provider uses telemedicine, it is implemented in accordance with written
						procedures and using a protocol approved by the LMHA's or MCO's medical
						director. Procedures regarding the provision of telemedicine service must
						include the following requirements:
(1) clinical oversight by the LMHA's or MCO's
					 medical director or designated physician responsible for medical
					 leadership;
(2) contraindications
					 for telemedicine use;
(3) qualified
					 people to ensure the safety of the individual being served by telemedicine at
					 the remote site; and
(4) use by
					 credentialed or licensed providers who provide clinical care within the scope
					 of their credential or license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.361 - Documentation of Service Provision

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Progress note content. Except for crisis services as described in §
											301.351 of this title (relating to
					 Crisis Services) and day programs for acute needs as described in Chapter 419,
					 Subchapter L of Title 25 (relating to Mental Health Rehabilitative Services),
					 and case management services as described in Chapter 412, Subchapter I of Title
					 25 (relating to Mental Health Case Management Services), a provider must
					 document the provision of all other mental health community services, each
					 service encounter and include at least the following:
(1) the name of the individual to whom the
					 service was provided, including the LAR or primary caregiver, if
					 applicable;
(2) the type of service
					 provided;
(3) the date the service
					 was provided;
(4) the begin and end
					 time of the service;
(5) the
					 location where the service was provided;
(6) a summary of the activities that
					 occurred;
(7) the modality of the
					 service provision (e.g., individual, group);
(8) the method of service provision (e.g.,
					 face-to-face, phone, telemedicine);
(9) the training methods used, if applicable
					 (e.g., instructions, modeling, role play, feedback, repetition);
(10) the title of the curriculum being used,
					 if applicable;
(11) the treatment
					 plan objective(s) that was the focus of the service;
(12) the progress or lack of progress in
					 achieving treatment plan goals;
(13) the signature of the staff member
					 providing the service and a notation as to whether the staff member is an LPHA,
					 a QMHP-CS, a pharmacist, a CSSP, an LVN, a peer provider or otherwise
					 credentialed, as required for that service; and
(14) any pertinent event or behavior relating
					 to the individual's treatment which occurs during the provision of the
					 service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS › Division 3 - STANDARDS OF CARE › Section 301.363 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Clinical supervision. Clinical
					 supervision must be accomplished by an LPHA or a QMHP-CS as follows:
(1) by conducting a documented meeting with
					 the staff member being supervised at least monthly; and
(2) for peer providers, by conducting an
					 additional monthly documented observation of the peer provider providing mental
					 health community services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to comply with Texas
					 Health and Safety Code, §
										534.067, by
					 establishing a uniform fee collection policy for an MRA that:
(1) is equitable;
(2) provides for collections; and
(3) maximizes contributions to local
				  revenue.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.503 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to an MRA for
				  community services contracted for through the performance contract that the MRA
				  provides directly or through a subcontractor to a member of the MR priority
				  population. This subchapter also applies to an adult person in the MR priority
				  population and a parent of a person under age 18 years in the MR priority
				  population.
(b) This subchapter
				  does not apply to:
(1) a program or service
				  that is prohibited by statute or regulation from charging a fee to a person
				  served;
(2) the DADS In-Home and
				  Family Support Program--Mental Retardation;
(3) residential services as described in the
				  performance contract; and
(4)
				  specialized services mandated by the Omnibus Budget Reconciliation Act (OBRA)
				  of 1987, as amended by OBRA 90, for a preadmission screening and resident
				  review (PASARR) provided to a non-Medicaid eligible person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.505 - 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) Ability to pay--The
				  person has third-party coverage that will pay for needed services, the person's
				  maximum monthly fee is greater than zero, or the person has identified payment
				  for a needed service or services in an approved plan utilizing Social Security
				  work incentive provisions (i.e.,
Plan to Achieve Self-Sufficiency;
				  Impairment Related Work Expense).
(2) Community services or services--Except
				  for residential services, eligibility determination, and screening, the
				  required and optional mental retardation services described in the performance
				  contract.
(3) DADS--The Department
				  of Aging and Disability Services.
(4) Extraordinary expenses--Major medical or
				  health related expenses, major casualty losses, and child care expenses for the
				  previous year or projections for the next year.
(5) Family members--
(A) For an unmarried person under age 18
				  years--The person, the person's parents, and the dependents of the parents, if
				  residing in the same household;
(B)
				  For an unmarried person age 18 years or older--The person and the person's
				  dependents; or
(C) For a married
				  person of any age--The person, the person's spouse, and their
				  dependents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.507 - Accountability

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibition from denying services. An MRA
				  is prohibited from denying services:
(1) to a
				  person because of the person's inability to pay for the services;
(2) to a person in crisis, and the denial is
				  because:
(A) a financial assessment has not
				  been completed;
(B) financial
				  responsibility has not been determined;
(C) the person has a past-due account;
				  or
(D) the person had services
				  involuntarily reduced or terminated for non-payment under §
												2.109(d)
				  of this subchapter (relating to Payments, Collections, and Non-payment);
				  or
(3) to a person
				  pending resolution of an issue relating solely to payment for services,
				  including failure of the person (or parent) to comply with any requirement in
				  subsection (c), (d), (e), or (g) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.509 - Determination of Ability to Pay

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Financial assessment.
(1) An MRA must conduct
				  and document a financial assessment for a person within 30 days after the
				  person begins to receive services.
(2) Except for a Medicaid recipient who is
				  receiving Supplemental Security Income (SSI) benefits but not receiving
				  employment income, the MRA must update a person's financial assessment at least
				  annually while the person is receiving services. The MRA must monitor the
				  continuing availability of benefits for a person with income-based public
				  insurance.
(3) The MRA must update
				  a person's financial assessment if the person experiences a significant
				  financial change.
(4) The financial
				  assessment must be conducted using the financial documentation listed in §
											2.105(d)
				  of this subchapter (relating to Accountability) that represents the finances
				  of:
(A) the person who is age 18 years or
				  older and the person's spouse; or
(B) the parents of the person who is under
				  age 18 years.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.511 - Standard Charges

Current through Reg. 49, No. 28; July 12, 2024
An MRA must establish, at least annually, a reasonable
					 standard charge for a community service as indicated in the performance
					 contract. The standard charge must cover, at a minimum, the MRA's cost of
					 ensuring the provision of the service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.513 - Billing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Monthly
				  account.
(1) The MRA must maintain a monthly
				  account for a person that lists all services provided to the person during the
				  month and the standard charges for the services. Each service listed must
				  indicate whether the service is:
(A) covered
				  by Medicare third-party coverage;
(B) covered by non-Medicare third-party
				  coverage;
(C) not covered by
				  third-party coverage; or
(D)
				  identified for payment in the person's approved plan utilizing Social Security
				  work incentive provisions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.515 - Payments, Collections, and Non-payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment and collection.
(1) A person (or parent) must promptly pay
				  all charges owed to the MRA.
(2) An
				  MRA must make reasonable efforts to collect payments from all available funding
				  sources before accessing DADS funds to pay for a person's services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.517 - Monthly Ability-to-Pay Fee Schedule

Current through Reg. 49, No. 28; July 12, 2024
The Monthly Ability-To-Pay Fee Schedule, which can be found
					 at
www.dads.state.tx.us
, is based on
					 150% of the Federal Poverty Guidelines. DADS may revise the Monthly
					 Ability-To-Pay Fee Schedule, based on any changes in the Federal Poverty
					 Guidelines.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.519 - Training

Current through Reg. 49, No. 28; July 12, 2024
MRA staff who are involved in implementing or explaining
					 the content of this subchapter must receive initial training and demonstrate
					 competency prior to performing tasks related to charging for community
					 services. Such staff must demonstrate competency annually
					 thereafter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter J - CHARGES FOR COMMUNITY SERVICES › Section 301.521 - Brochure for a Person (or Parent)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DADS makes available on its website a brochure that contains the policies for
				  charging for community services that are contained in this subchapter,
				  including:
(1) a general reference to the
				  statutory trust exemption; and
(2)
				  information related to claiming financial hardship.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.601 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to require a mental
					 retardation authority (MRA) or a community center to:
(1) have an effective procedure for
				  conducting criminal history and registry checks on an applicant, employee,
				  contractor, or volunteer of the MRA or community center;
(2) have an effective procedure for requiring
				  an employee, contractor, or volunteer of the MRA or community center to
				  self-report a conviction or charge of a criminal offense or a registry listing;
				  and
(3) require a contract agency
				  to conduct criminal history and registry checks on an applicant, employee,
				  contractor, or volunteer of the contractor agency in accordance with this
				  subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.603 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to:
(1) an MRA; and
(2) a community center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.605 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 (relating to Criminal History and Registry Checks for MRAs and Community
					 Centers), have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Applicant--A person to
				  whom an MRA, community center, or contract agency intends to offer employment,
				  a contract, or volunteer status.
(2) Community center--A community mental
				  health and mental retardation center established under the Texas Health and
				  Safety Code, Title 7, Chapter 534, Subchapter A.
(3) Contract--An agreement between an MRA,
				  community center, or contract agency and a contractor whose contractual duties
				  may put the contractor in direct contact with an individual.
(4) Contract agency--A person that contracts
				  with an MRA or community center to provide an employee or contractor whose
				  duties may put the employee or contractor in direct contact with an
				  individual.
(5) Contractor--A
				  person who contracts with an MRA, community center, or contract agency and
				  whose contractual duties may put the person in direct contact with an
				  individual.
(6) Conviction--The
				  adjudication of guilt for a criminal offense. The term does not include
				  deferred adjudication community supervision as described in Texas Health and
				  Safety Code, §
										250.006(d).
(7) DADS--The Department of Aging and
				  Disability Services.
(8)
				  Employee--A person who is employed by an MRA, community center, or contract
				  agency and whose duties may put the person in direct contact with an
				  individual.
(9) Individual--A
				  person receiving services that are funded by or through DADS and provided by an
				  MRA or community center or provided by a contract agency through a contract
				  with an MRA or community center.
(10) MRA--Mental retardation authority. An
				  entity designated in accordance with Texas Health and Safety Code, §
										533.035(a).
(11) Registry--
(A) The employee misconduct registry
				  maintained by DADS in accordance with Texas Health and Safety Code, Chapter
				  253, and Chapter 93 of this title (relating to Employee Misconduct Registry
				  (EMR)); or
(B) The nurse aide
				  registry maintained by DADS in accordance with §
											94.10
				  of this title (relating to Registry, Findings, and Inquiries).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.607 - Prohibition to Employment or Contractual or Volunteer Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An MRA or community center may not hire,
				  enter into a contract with, or assign volunteer status to an applicant with the
				  MRA or community center who:
(1) has a
				  conviction of an offense listed in Texas Health and Safety Code §
											250.006(a);
(2) has a conviction of an offense listed in
				  Texas Health and Safety Code §
											250.006(b),
				  during the five years before the proposed employment or contractual or
				  volunteer status;
(3) has a
				  conviction of an offense that the MRA or community center determines is a
				  contraindication to employment or contractual or volunteer status; or
(4) is listed as unemployable in a
				  registry.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.609 - Conducting Criminal History and Registry Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal history check.
(1) Before making an offer of employment or
				  contractual or volunteer status to an applicant, an MRA or community center
				  must conduct a criminal history check by:
(A)
				  obtaining criminal history record information from the Texas Department of
				  Public Safety (TDPS); and
(B) if
				  the applicant has lived outside the State of Texas at any time during the two
				  years before making the application for employment or contractual or volunteer
				  status with an MRA or community center, obtaining criminal history information
				  from the Federal Bureau of Investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.611 - Self-Reporting a Criminal Offense Charge or Conviction

Current through Reg. 49, No. 28; July 12, 2024
An MRA or community center must require an employee,
					 contractor, or volunteer of the MRA or community center to report to a staff
					 person designated by the MRA or community center:
(1) a criminal offense that the employee,
				  contractor, or volunteer is charged with or convicted of after starting
				  employment or volunteer status or after the execution of the contractor's
				  contract; or
(2) a listing of the
				  employee, contractor, or volunteer as unemployable in a registry after starting
				  employment or volunteer status or after the execution of the contractor's
				  contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.613 - MRA and Community Center Policies Related to Criminal History and Registry Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) An MRA or
				  community center must have written procedures consistent with this subchapter
				  (relating to Criminal History and Registry Checks for MRAs and Community
				  Centers) that describes how information obtained through criminal history and
				  registry checks is processed, including:
(1)
				  procedures that protect the confidentiality of criminal history record
				  information pursuant to Texas Health and Safety Code §
											250.007 and
				  Texas Government Code §
											411.115;
(2) procedures for notifying an applicant,
				  employee, volunteer, or contractor if:
(A)
				  the criminal history record information of the applicant, employee, volunteer,
				  or contractor identifies a conviction that prohibits or contraindicates
				  employment or contractual or volunteer status; or
(B) the applicant, employee, or volunteer is
				  listed as unemployable in a registry;
(3) procedures for notifying an applicant,
				  employee, volunteer, or contractor how to address inaccuracies in criminal
				  history record information (i.e., the opportunity to be heard by Texas
				  Department of Public Safety) if the person believes he or she has been unjustly
				  denied employment or contractual or volunteer status as a result of criminal
				  history record information that is incorrect or relates to another
				  person;
(4) procedures for
				  documenting the results of criminal history and registry checks of an
				  applicant, employee, volunteer, or contractor;
(5) procedures for maintaining a copy of the
				  results of the annual registry checks in the file of an employee, contractor,
				  or volunteer of the MRA or community center;
(6) procedures for destroying all criminal
				  history record information obtained in accordance with this subchapter
				  immediately after an employment or volunteer decision has been made or
				  personnel action has been taken, as required by Texas Government Code §
											411.115(e);
				  and
(7) procedures for destroying
				  all criminal history record information related to a contractor of the MRA or
				  community center obtained in accordance with this subchapter immediately after
				  execution of the contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter L - CRIMINAL HISTORY AND REGISTRY CLEARANCES IN LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES › Section 301.615 - Contract Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) An MRA or
				  community center must require a contract agency to conduct criminal history and
				  registry checks on an applicant with the contract agency.
(b) An MRA or community center must require a
				  contract agency to annually conduct a registry check on an employee,
				  contractor, or volunteer with the contract agency.
(c) An MRA or community center must require a
				  contract agency to require an employee, contractor, or volunteer of the
				  contract agency to report to the contract agency:
(1) a criminal offense that the employee,
				  contractor, or volunteer is convicted of or charged with after starting
				  employment or volunteer status or after the execution of the contractor's
				  contract; and
(2) a listing of the
				  employee, contractor, or volunteer as unemployable in a registry after starting
				  employment or volunteer status or after the execution of the contractor's
				  contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.651 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to implement §
										48.255(c)
					 of the Human Resources Code, which requires TDMHMR to develop joint rules with
					 the Texas Department of Protective and Regulatory Services (TDPRS) to
					 facilitate investigations in local authorities and community centers and to
					 describe the requirements for:
(1)
				  reporting allegations of abuse, neglect, and exploitation of persons
				  served;
(2) ensuring the safety and
				  protections of persons served involved in allegations;
(3) facilitating investigations;
				  and
(4) ensuring proper
				  disciplinary or other action is taken when abuse, neglect, or exploitation is
				  confirmed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.653 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to local authorities and community centers. However, local authorities
				  and community centers that are Medicaid providers of a home and community-based
				  services waiver program must comply with TDMHMR rules governing the home and
				  community-based services waiver program when addressing abuse, neglect, and
				  exploitation in the home and community-based services waiver program.
(b) Local authorities and community centers
				  are responsible for amending their contracts to ensure contractors' compliance
				  with this subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.657 - Responsibilities of Local Authorities, Community Centers, and Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) Promulgate and
				  implement policies and procedures. Each local authority and community center
				  shall promulgate and implement policies and procedures that meet the
				  requirements of this section.
(b)
				  Prohibition of abuse, neglect, and exploitation. Each local authority,
				  community center, and contractor shall ensure that its employees and agents are
				  informed of the prohibition of abuse, neglect, and exploitation of persons
				  served.
(c) Identifying programs
				  and investigatory agencies.
(1) Each local
				  authority, community center, and contractor shall ensure that the name and
				  phone number of the investigatory agency are clearly identified and displayed
				  for its employees and agents at each of its program and service delivery
				  sites.
(2) Each local authority and
				  community center shall provide to each investigatory agency a list of the names
				  and addresses of its contracted and non-contracted program and service delivery
				  sites in the investigatory agency's purview, including the name of the staff
				  who will serve as contact for investigators, as required in subsection (g)(1)
				  of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.659 - Information To Be Provided to Victim or Alleged Victim and Others

Current through Reg. 49, No. 28; July 12, 2024
(a) Each local
				  authority and community center shall promulgate and implement policies and
				  procedures that meet the requirements of this section.
(b) As soon as possible, but no later than 24
				  hours following notification of an allegation by the investigatory agency, the
				  administrator or contractor CEO shall notify the alleged victim and the alleged
				  victim's guardian or parent (if the alleged victim is a minor) of the
				  allegation.
(c) The administrator
				  or contractor CEO shall ensure that the victim or alleged victim, guardian, or
				  parent (if the victim or alleged victim is a minor) is notified of:
(1) the finding and any decisions made after
				  review and/or appeal of the finding;
(2) the method to appeal the finding, if
				  any;
(3) how to receive a copy of
				  the investigative report; and
(4)
				  if the allegation is confirmed, the disciplinary or other action taken against
				  the perpetrator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.661 - Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS)

Current through Reg. 49, No. 28; July 12, 2024
(a) TDPRS
				  submits a copy of the investigative report to the administrator or contractor
				  CEO or both in accordance with Chapter 711 of Title 40 (relating to
				  Investigations in TDMHMR Facilities and Related Programs).
(b) The administrator or contractor CEO may
				  not change a confirmed finding made by a TDPRS investigator. The administrator
				  or contractor CEO may request a review of the finding or the methodology used
				  to conduct the investigation in accordance with Chapter 711 of Title 40
				  (relating to Investigations in TDMHMR Facilities and Related
				  Programs).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.663 - Disciplinary and Other Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Each local authority and community center
				  shall promulgate and implement policies and procedures that meet the
				  requirements of this section.
(b)
				  Administrators and contractor CEOs must take appropriate disciplinary or other
				  action in confirmed cases of abuse, neglect, and exploitation involving
				  employees and agents.
(1) If the
				  investigatory agency has a process by which the administrator or contractor CEO
				  can request a review of the finding and a review is requested, then the outcome
				  of the review is final and forms the basis for disciplinary action.
(2) If the investigatory agency does not have
				  a process by which the administrator or contractor CEO can request a review of
				  the finding, the investigatory agency's finding is final and forms the basis
				  for disciplinary action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.665 - Data Reporting Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
If the perpetrator or alleged perpetrator is an employee or
					 agent of a local authority, community center, or contractor, or the perpetrator
					 is unknown, then the administrator shall ensure that a Client Abuse and Neglect
					 Reporting form (AN-1-A) is completed within 14 calendar days of the receipt of
					 the investigative report or decision made after review or appeal using the
					 CANRS Definitions and the CANRS Classifications. (The Client Abuse and Neglect
					 Reporting form (AN-1-A), the CANRS Definitions, and the CANRS Classifications
					 are referenced as Exhibits E, A, and D, respectively, in § 414.562 of this
					 title (relating to Exhibits).) Within one working day after completion of the
					 AN-1-A form, the administrator shall ensure that:
(1) the information contained in the
				  completed AN-1-A is entered into the Client Abuse and Neglect Reporting System
				  (CANRS); or
(2) if access to CANRS
				  is unavailable, a copy of the completed AN-1-A is forwarded for data entry to
				  the Office of Consumer Services and Rights Protection - Ombudsman, TDMHMR, P.O.
				  Box 12668, Austin, TX 78711-2668.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.667 - Confidentiality of Investigative Process and Report

Current through Reg. 49, No. 28; July 12, 2024
(a) The reports, records, and working papers
				  used by or developed in the investigative process by an investigatory agency,
				  and the investigatory agency's resulting investigative report, are confidential
				  and may be disclosed only as allowed by law or rule.
(b) Upon request, the administrator or
				  contractor CEO will provide a copy of the investigative report to the victim or
				  alleged victim or guardian with the identities of other persons served and any
				  information determined confidential by law concealed. The administrator or
				  contractor CEO may charge a reasonable fee for providing a copy of the
				  investigative report.
(c) Advocacy,
				  Inc. is entitled to access the records of persons served in accordance with
				  42 USC
				  §10805 and §
										10806 or §
										6042(a)(2)(I)
				  (Protection and Advocacy of Individuals with Mental Illness and Protection and
				  Advocacy of Individuals with Developmental Disabilities). A copy of
				  42 USC
				  §10805, §
										10806, and
				  §
										6042(a)(2)(I)
				  are referenced as Exhibit F in § 414.562 of this title (relating to
				  Exhibits).