reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 4 - DISCHARGE › Section 306.77 - Maximum Length of Stay for a Voluntarily-Admitted Individual

Current through Reg. 49, No. 28; July 12, 2024
Except as allowed by paragraph (3) of this section, a CSU
						physician must discharge a voluntarily-admitted individual on the 14th day
						after the individual's admission, unless:
(1) the individual's treating physician
					 orders the individual's discharge before the 14th day;
(2) the individual's treating physician
					 orders the individual's transfer to other treatment or services, in accordance
					 with § 306.91 of this subchapter (relating to Transfers);
(3) a physician, or physician-delegated PA or
					 APRN, documents in the individual's medical record the medical necessity and
					 clinical rationale for extending the length of stay beyond 14 days;
					 or
(4) an individual under 18 years
					 of age was admitted under an order of Temporary Authorization, issued in
					 accordance with Texas Family Code Section §
											35A.005(d),
					 in which case the individual must be discharged by the tenth day after the date
					 the order for temporary authorization is issued.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 4 - DISCHARGE › Section 306.79 - Discharge of an Involuntarily-Admitted Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) Discharge from emergency detention.
(1) Except as provided by § 306.59 of
					 this subchapter (relating to Voluntary Treatment Following Involuntary
					 Admission) and in accordance with Texas Health and Safety Code §
												573.021
					 and §
												573.023,
					 an involuntarily-admitted individual under emergency detention must be
					 immediately discharged from a CSU if:
(A) the
					 administrator or the administrator's designee determines, based on a
					 physician's determination, that the individual no longer meets the criteria
					 described in subsection (b)(1) of this section; or
(B) except as provided in subsection (b) of
					 this section, 48 hours have lapsed from the time the individual was presented
					 to the CSU and the CSU has not obtained a court order for the individual's
					 further detention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.81 - Medical Record

Current through Reg. 49, No. 28; July 12, 2024
(a) A medical
					 record must be maintained for each individual, in accordance with §
											510.41(g)
					 of this title (relating to Facility Functions and Services). The medical record
					 must include:
(1) a signed voluntary
					 commitment, signed order of protective custody or police officer's warrant, or
					 a notice of detention;
(2) a signed
					 informed consent to treatment, including medication, or documentation of the
					 individual's refusal;
(3)
					 documentation of the reasons the individual, LAR, family members, or other
					 adult caregivers state the individual was admitted to the CSU;
(4) justification for each mental illness or
					 serious emotional disturbance diagnosis and any substance use disorder
					 diagnosis;
(5) the level of
					 monitoring assigned and implemented for the individual, including any changes
					 to the level of monitoring;
(6) the
					 individual's written recovery or treatment plan;
(7) the name of the individual's treating
					 physician;
(8) written findings of
					 the physical examination;
(9)
					 written findings of the psychiatric evaluation, the nursing assessment, and any
					 other assessment of the individual conducted by a staff member, including any
					 re-evaluation or re-assessment;
(10) a summary of any revisions made to the
					 written recovery or treatment plan;
(11) the progress notes for the individual as
					 described in subsection (b) of this section;
(12) documentation of the individual's
					 monitoring by UPs, LVNs, and any assigned staff members responsible for such
					 monitoring, including observations of the individual at pre-determined
					 intervals;
(13) documentation of
					 the discharge planning activities;
(14) the discharge summary; and
(15) documentation of the individual's
					 medical, mental health, and substance use history.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.83 - Staff Training

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with § 301.331 of this title (relating to Competency and Credentialing), a
					 CSU administrator, or administrator's designee, must:
(1) ensure that services are provided by
					 staff members who are operating within their scope of their license,
					 credentialing, job description, or contract specification, and in accordance
					 with applicable state law and rule, including 25 TAC Chapter 415, Subchapter F
					 (relating to Interventions in Mental Health Services);
(2) define competency-based expectations for
					 each CSU staff position and ensure each staff member receives initial training
					 before the staff member assumes responsibilities required by the CSU and
					 annually throughout the staff member's employment with the CSU; and
(3) require all staff members to demonstrate
					 required competencies delineated in § 301.331(a)(3)(A) of this title,
					 including:
(A) identifying, preventing, and
					 reporting abuse, exploitation, and neglect of individuals and unprofessional or
					 unethical conduct, in accordance with 25 TAC §
													417.515(relating
					 to Staff Training in Identifying, Reporting, and Preventing Abuse, Neglect, and
					 Exploitation);
(B) an individual's
					 dignity and rights, in accordance with 25 TAC Chapter 404, Subchapter E
					 (relating to Rights of Persons Receiving Mental Health Services); and
(C) protection of an individual's
					 confidential information, in accordance with relevant state and federal laws,
					 including 42 Code of Federal Regulations, Part 2.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.85 - Minimum Staffing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 CSU nursing supervisor, or designee, must adhere to nurse staffing requirements
					 delineated in §
											510.41(c)(8) and
					 (j) of this title (relating to Facility
					 Functioning and Services) and the following parameters when determining minimum
					 staffing plans required by subsections (b) - (d) of this section.
(1) Staff included in the minimum staffing
					 plan must:
(A) always be physically available
					 while on duty; and
(B) have job
					 duties that do not prevent ongoing and consistent supervision of individuals
					 receiving crisis stabilization services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.87 - Protection of an Individual Receiving Crisis Stabilization Unit Services

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time an individual is admitted, a
					 CSU nursing supervisor or designee must implement the level of monitoring
					 ordered by the physician, or physician-delegated PA or APRN, based on the
					 individual's needs and in accordance with this section, 25 TAC §
											415.260(relating
					 to Initiation of Restraint or Seclusion in a Behavioral Emergency), and
					 §415.266 (relating to Observation, Monitoring, and Care of the Individual
					 in Restraint or Seclusion Initiated in Response to a Behavioral
					 Emergency).
(b) All CSU staff must
					 contribute to the protection of individuals by:
(1) modifying the CSU environment based on
					 the individual's needs, including:
(A)
					 providing furnishings that do not present safety hazards to the
					 individual;
(B) securing or
					 removing objects that are hazardous to the individual;
(C) installing any necessary safety devices;
					 and
(D) making roommate assignments
					 and other decisions affecting the interaction of the individual with other
					 individuals, based on individual needs and vulnerabilities;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.89 - Crisis Stabilization Unit Response to an Emergency Medical Condition

Current through Reg. 49, No. 28; July 12, 2024
(a) A CSU administrator, or administrator's
					 designee, must:
(1) identify common emergency
					 medical conditions of individuals the CSU staff will likely encounter; and
(2) develop a written plan
					 describing the specific and appropriate action the CSU staff members will take
					 to stabilize each identified common emergency medical condition, approved in
					 writing by the medical director, as required by § 306.61 of this
					 subchapter (relating to Crisis Stabilization Unit Medical Services), which
					 includes:
(A) the administration of first aid
					 and Basic Life Support when clinically indicated;
(B) the use of the supplies and equipment
					 described in subsection (f) of this section; and
(C) if the action is facilitating transfer of
					 the individual, a description of the method of transportation, and the name and
					 location of the hospital to which an individual will be transferred.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.91 - Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) A CSU administrator, or administrator's
					 designee, must facilitate an individual's transfer as soon as possible to an
					 appropriate and available inpatient mental health facility, which may include
					 contacting law enforcement to transfer an individual under an emergency
					 detention who has not yet been admitted or obtaining permission from the court
					 that issued the order of protective custody to transfer the individual, as
					 appropriate, if:
(1) a physician, or
					 physician-delegated PA or APRN, determines the individual is at serious risk of
					 harm to self or others in the CSU and the CSU is unable to provide an adequate
					 assurance of safety for the individuals or others in the CSU;
(2) during a 24-hour period, the individual
					 is placed in:
(A) seclusion more than twice
					 or for more than a total of four hours; or
(B) a restraint for more than 60 consecutive
					 minutes; or
(3) the
					 individual becomes the subject of:
(A) an
					 order for temporary inpatient mental health services issued in accordance with
					 Texas Health and Safety Code §
													574.034;
					 or
(B) an order for extended
					 inpatient mental health services issued in accordance with Texas Health and
					 Safety Code §
													574.035.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter B - STANDARDS OF CARE IN CRISIS STABILIZATION UNITS › Division 5 - OPERATIONAL REQUIREMENTS › Section 306.95 - Response to External Reviews

Current through Reg. 49, No. 28; July 12, 2024
A CSU administrator, or administrator's designee, must
						develop and implement a written plan to evaluate the effectiveness of any plan
						of correction the CSU administrator, or administrator's designee, submits to an
						external review entity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe the
					 requirements for an applicant to be certified by the Texas Health and Human
					 Services Commission as a Texas Certified Community Behavioral Health
					 Clinic.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.103 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter apply to applicants
					 defined in § 306.105 of this subchapter (relating to
					 Definitions).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.105 - 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) Applicant--An entity
				  applying or reapplying for certification as a Texas Certified Community
				  Behavioral Health Clinic (T-CCBHC).
(2) Application--A Texas Health and Human
				  Services Commission form submitted by an applicant for T-CCBHC certification
				  and recertification.
(3) Community
				  needs assessment--A systematic approach to identifying community needs and
				  determining program capacity to address the needs of the population being
				  served. The needs assessment is objective and includes input from people
				  receiving services, program staff, and other key community
				  stakeholders.
(4) Crisis
				  stabilization--Services to address a mental health or substance use crisis,
				  including suicide crisis response and services capable of addressing crises
				  related to substance use.
(5)
				  Family-centered--Developmentally appropriate and youth guided care that
				  recognizes active participation between families and caregivers and
				  professionals as a cornerstone to the planning, delivery, and evaluation of
				  services.
(6) Governmental
				  entity--A state agency or a political subdivision of the state, such as a city,
				  county, hospital district, hospital authority, or state entity.
(7) HHSC--The Texas Health and Human Services
				  Commission or its designee.
(8)
				  LBHA--Local behavioral health authority. An entity designated as the local
				  behavioral health authority by HHSC in accordance with Health and Safety Code,
				  §
										533.0356(a).
(9) LMHA--Local mental health authority. An
				  entity designated as the local mental health authority by HHSC in accordance
				  with Health and Safety Code, §
										533.035(a).
(10) Person--An individual receiving services
				  under this subchapter.
(11)
				  Person-centered--Care that is strengths-based, trauma informed, and focuses on
				  individual capacities, preferences, and goals that gives the person the
				  opportunity to optimize their self-defined quality of life, choice, control,
				  and self-determination through meaningful exploration and discovery of unique
				  preferences, needs, and wants while ensuring medical and non-medical needs are
				  met via means that are exclusively for the benefit of the person and supports
				  them to reach their full potential.
(12) T-CCBHC--Texas Certified Community
				  Behavioral Health Clinic. An entity certified in accordance with this
				  subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.107 - Certification Eligibility

Current through Reg. 49, No. 28; July 12, 2024
An applicant must meet the criteria in this section for
					 certification.
(1) Staffing
				  requirements.
(A) Staffing plans must reflect
				  findings of the community needs assessment.
(B) Staff members must have, and be currently
				  active with, all necessary state-required licenses and accreditations to
				  deliver required services.
(C)
				  Staff members must be trained to serve the needs of the clinic's patient
				  population as identified through the community needs assessment and in
				  compliance with Section 223(a)(2)(A) of the Protecting Access to Medicare Act
				  of 2014.
(D) Staff must be trained
				  in a person-centered and family-centered approach.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.109 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  must submit a completed HHSC application to be considered for certification or
				  recertification, using application information and instructions provided on the
				  HHSC website.
(b) HHSC prioritizes
				  review and approval of LMHA and LBHA T-CCBHC applications as
				  appropriate.
(c) HHSC reviews an
				  application in accordance with the T-CCBHC eligibility requirements in §
				  306.107 of this subchapter (relating to Certification Eligibility) and may deny
				  an application for certification for good cause, including:
(1) the application is incomplete in any
				  aspect;
(2) the application is not
				  submitted in accordance with HHSC's application instructions or published
				  notice;
(3) the application
				  contains false information;
(4)
				  HHSC, any other agency in Texas or in another state, or federal agency has
				  terminated the applicant's contract, licensure, or certification for cause at
				  any point in the three years preceding the application submission
				  date;
(5) the applicant is excluded
				  or debarred from contracting with the State of Texas or the federal
				  government;
(6) the applicant has
				  an outstanding Medicaid program audit exception or other unresolved financial
				  liability owed to the State of Texas;
(7) the applicant is ineligible to enroll as
				  a Medicaid provider for reasons relating to criminal history records as set
				  forth in state rules; or
(8) the
				  applicant terminated a provider agreement in a federal health care program, as
				  defined in 42 U.S.C, § 1302a-7b(f), while an adverse action or sanction
				  was in effect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter C - TEXAS CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS › Section 306.111 - Certification Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  maintain certification, T-CCBHCs must coordinate with other T-CCBHCs that
				  deliver services in the same geographic service area to ensure services are not
				  duplicated for persons receiving services from more than one T-CCBHC.
(b) T-CCBHC certification does not replace
				  Texas regulations regarding provision of services or contract requirements.
				  T-CCBHCs must maintain all required licenses throughout the certification
				  period. Any regulatory license revocations, of either facility or professional
				  licenses, that result in a T-CCBHC being unable to operate within the State of
				  Texas will preclude the T-CCBHC from continuing as certified.
(c) T-CCBHC certification is approved for
				  three years, subject to parameters outlined in § 306.109(c) of this
				  subchapter (relating to Application Process).
(d) T-CCBHCs may reapply for certification if
				  eligible in accordance with § 306.109 of this subchapter.
(e) To ensure prevention of a lapse in
				  certification, T-CCBHCs must submit an application, as defined in §
				  306.105(2) of this subchapter (relating to Definitions), to be considered for
				  recertification. Applications must be submitted no earlier than 180 calendar
				  days before the expiration of certification, but not later than 60 calendar
				  days before the expiration of certification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 1 - GENERAL PROVISIONS › Section 306.151 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to address the
						interrelated roles and responsibilities of state mental health facilities,
						local mental health authorities, and local behavioral health authorities in the
						delivery of mental health services to individuals. This subchapter establishes
						criteria and provides guidelines related to:
(1) clinically appropriate patient placement
					 based on screening and assessment of the individual;
(2) timely access to evaluation and mental
					 health treatment services in the least restrictive, most appropriate setting of
					 care; and
(3) effectively, and
					 without interruption, transitioning care between service types and providers
					 for individuals receiving mental health services at state mental health
					 facilities, local mental health authorities, and local behavioral health
					 authorities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 1 - GENERAL PROVISIONS › Section 306.152 - Application and Responsibility for Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to:
(1) a state mental health facility (SMHF);
(2) a facility with a contracted
					 psychiatric bed (CPB);
(3) a local
					 mental health authority (LMHA) or a local behavioral health authority (LBHA);
(4) an LMHA or LBHA with a local
					 service area that is served by a managed care organization (MCO), to the extent
					 the contract between the Health and Human Services Commission (HHSC) and the
					 LMHA or LBHA requires compliance with one or more provisions of this
					 subchapter; and
(5) an MCO, as
					 required by the managed care contracts between HHSC and the MCO for delivery of
					 Medicaid and CHIP managed care products.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 1 - GENERAL PROVISIONS › Section 306.153 - 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) Absence--When an
					 individual, previously admitted to an SMHF and not discharged from the SMHF, is
					 physically away from the SMHF for any reason, including hospitalization, home
					 visit, special activity, unauthorized departure, or absence for trial
					 placement.
(2) Admission--
(A) An individual's acceptance to an SMHF's
					 custody or a facility with a CPB for inpatient services, based on:
(i) a physician's order issued in accordance
					 with § 306.175(h)(2)(C) of this subchapter (relating to Voluntary
					 Admission Criteria for a Facility with a Contracted Psychiatric Bed Authorized
					 by an LMHA or LBHA or for a State Mental Health Facility);
(ii) a physician's order issued in accordance
					 with § 306.176(c)(3) of this subchapter (relating to Admission Criteria
					 for a Facility with a Contracted Psychiatric Bed Authorized by an LMHA or LBHA
					 or for a State Mental Health Facility for Emergency Detention);
(iii) a court's order of protective custody
					 issued in accordance with Texas Health and Safety Code §
													574.022;
(iv) a court's order for temporary inpatient
					 mental health services issued in accordance with Texas Health and Safety Code
					 §
													574.034, or
					 Texas Family Code Chapter 55;
(v) a
					 court's order for extended inpatient mental health services issued in
					 accordance with Texas Health and Safety Code §
													574.035, or
					 Texas Family Code Chapter 55; or
(vi) a court's order for commitment issued in
					 accordance with the Texas Code of Criminal Procedure, Chapter 46B or Chapter
					 46C.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 1 - GENERAL PROVISIONS › Section 306.154 - Notification and Appeals Process for Local Mental Health Authority or Local Behavioral Health Authority Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Right of an individual eligible for Medicaid to request a fair hearing. Any
					 individual eligible for Medicaid whose request for eligibility to receive LMHA
					 or LBHA services is denied or is not acted upon with reasonable promptness, or
					 whose services have been terminated, suspended, or reduced by HHSC, is entitled
					 to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A (relating
					 to Uniform Fair Hearings Rules).
(b) Right of an individual not eligible for
					 Medicaid to request an appeal. Any individual who has not applied for or is not
					 eligible for Medicaid, whose request for eligibility to receive LMHA or LBHA
					 services is denied or is not acted upon with reasonable promptness, or whose
					 services have been terminated, suspended, or reduced by a provider, is entitled
					 to notification and right of appeal in accordance with 25 TAC §
											401.464(relating
					 to Notification and Appeals Process).
(c) At any time, an individual may contact
					 the Ombudsman for additional information and resources by calling toll-free
					 (1-800-252-8154) or online at hhs.texas.gov/ombudsman.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 2 - SCREENING AND ASSESSMENT FOR CRISIS SERVICES AND ADMISSION INTO LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY SERVICES-LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY RESPONSIBILITIES › Section 306.161 - Screening and Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
					 individual is in crisis, an LMHA or LBHA ensures immediate screening and, if
					 recommended based on the screening, a face-to-face intake assessment of an
					 individual in the LMHA's or LBHA's local service area in accordance with §
					 301.327 of this title (relating to Access to Mental Health Community
					 Services).
(b) When the crisis is
					 resolved, the LMHA or LBHA must assess the individual using the uniform
					 assessment and determine:
(1) referral for
					 ongoing services at the LMHA or LBHA;
(2) referral to an alternate
					 provider;
(3) referral to
					 community-based crisis treatment alternative as described in § 306.163 of
					 this division (relating to Most Appropriate and Available Treatment
					 Options);
(4) the individual's
					 transportation by identifying and ensuring the individual's transportation
					 needs were met; or
(5) no referral
					 is needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 2 - SCREENING AND ASSESSMENT FOR CRISIS SERVICES AND ADMISSION INTO LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY SERVICES-LOCAL MENTAL HEALTH AUTHORITY OR LOCAL BEHAVIORAL HEALTH AUTHORITY RESPONSIBILITIES › Section 306.162 - Determining County of Residence

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 County of Residence for Adults.
(1) An
					 adult's county of residence is the county which the adult or the adult's LAR
					 indicates is the county of the adult's permanent residence, unless there is a
					 preponderance of evidence to the contrary. If the adult is not a Texas resident
					 or indicates no permanent address, the adult's county of residence is the
					 county in which the evidence indicates the adult resides.
(2) If an adult is unable to communicate the
					 location of the adult's permanent residence and there is no evidence indicating
					 the location of the adult's permanent residence or if an adult is not a Texas
					 resident, the adult's county of residence is the county in which the adult is
					 physically present when the adult requests or requires services.
(3) If an LMHA or LBHA is paying for an
					 adult's community mental health services delivered in the local service area of
					 another LMHA or LBHA, or if an LMHA or LBHA is paying for an adult's living
					 arrangement that is located outside the LMHA's or LBHA's local service area,
					 the county in which the paying LMHA or LBHA is located is the adult's county of
					 residence.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.171 - General Admission Criteria for a State Mental Health Facility or Facility with a Contracted Psychiatric Bed

Current through Reg. 49, No. 28; July 12, 2024
(a) With the exceptions of Waco Center for
					 Youth, a maximum-security unit, and an adolescent forensic unit, an SMHF or
					 facility with a CPB may admit an individual, who has been assessed by an LMHA
					 or LBHA and recommended for inpatient admission, only if the individual has a
					 mental illness and, as a result of the mental illness:
(1) presents a substantial risk of serious
					 harm to self or others; or
(2)
					 evidences a substantial risk of mental or physical
					 deterioration.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.172 - Admission Criteria for Maximum-Security Units

Current through Reg. 49, No. 28; July 12, 2024
An individual's admission to a maximum-security unit
						occurs only if the individual is:
(1)
					 committed pursuant to Chapter 46B or Chapter 46C of the Texas Code of Criminal
					 Procedure and determined to require admission to a maximum-security unit;
					 or
(2) determined manifestly
					 dangerous in accordance with HHSC state hospital policies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.173 - Admission Criteria for an Adolescent Forensic Unit

Current through Reg. 49, No. 28; July 12, 2024
(a) An adolescent forensic unit admits an
					 adolescent only if the adolescent meets the criteria described in a paragraph
					 of this subsection.
(1) Condition of
					 probation or parole. The adolescent's admission to an adolescent forensic unit
					 fulfills a condition of probation or parole for a juvenile offense if the
					 adolescent:
(A) based on a clinical
					 evaluation, is determined to be in need of specialized mental health treatment
					 in a secure treatment setting to address violent behavior or delinquent
					 conduct;
(B) has co-occurring
					 psychiatric and substance use disorders; or
(C) has exhausted available community
					 resources for treatment and has been recommended for admission by the local
					 CRCG.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.174 - Admission Criteria for Waco Center for Youth

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual's admission to Waco Center
					 for Youth occurs only if the individual:
(1)
					 is an adolescent, or an adolescent whose age at admission allows adequate time
					 for treatment programming before reaching 18 years of age;
(2) is diagnosed as emotionally
					 disturbed;
(3) has a history of
					 behavior adjustment problems;
(4)
					 needs a structured treatment program in a residential facility; and
(5) is currently receiving LMHA or LBHA
					 services or inpatient services at an SMHF or a facility with a CPB and has been
					 referred for admission by:
(A) the LMHA or
					 LBHA after presentation and endorsement by the local CRCG that all appropriate
					 community-based resources have been exhausted and Waco Center for Youth is the
					 least restrictive environment needed, the LMHA presents the CRCG letter of
					 recommendation with the referral;
(B) the LMHA or LBHA, following a documented
					 LMHA or LBHA assessment that local resources have been explored and exhausted
					 (if the full CRCG cannot convene in a timely manner); or
(C) an SMHF.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.175 - Voluntary Admission Criteria for a Facility with a Contracted Psychiatric Bed Authorized by an LMHA or LBHA or for a State Mental Health Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for voluntary admission.
(1) In accordance with Texas Health and
					 Safety Code §
												572.001, a
					 request for voluntary admission of an individual with a mental illness may only
					 be made by:
(A) the individual, if the
					 individual is at least 16 years of age or older;
(B) the LAR if:
(i) the individual is younger than 18 years
					 of age; and
(ii) the LAR is
					 described by § 306.153(36)(A)(i) or (iii) of this subchapter (relating to
					 Definitions); or
(C) the
					 LAR, if the LAR is described by § 306.153(36)(A)(ii), and admission is
					 sought pursuant to the provisions of Texas Health and Safety Code §
													572.001(c-1)
					 - (c-4).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.176 - Admission Criteria for a Facility with a Contracted Psychiatric Bed Authorized by an LMHA or LBHA or for a State Mental Health Facility for Emergency Detention

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptance for
					 preliminary examination. In accordance with Texas Health and Safety Code §
											573.021 and
					 §
											573.022, an
					 SMHF or facility with a CPB accepts for a preliminary examination:
(1) an individual, of any age, who has been
					 apprehended and transported to the SMHF or facility with a CPB by a peace
					 officer or emergency medical services personnel in accordance with Texas Health
					 and Safety Code §
												573.001 or
					 §
												573.012;
					 or
(2) an adult who has been
					 transported to the SMHF or facility with a CPB by the adult's guardian in
					 accordance with Texas Health and Safety Code §
												573.003.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.177 - Admission Criteria Under Order of Protective Custody or Court-ordered Inpatient Mental Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 SMHF or facility with a CPB admits an individual:
(1) under a protective custody order only if
					 a court has issued a protective custody order in accordance with Texas Health
					 and Safety Code §
												574.022;
					 or
(2) for court-ordered inpatient
					 mental health services only if a court has issued:
(A) an order for temporary inpatient mental
					 health services issued in accordance with Texas Health and Safety Code §
													574.034, or
					 Texas Family Code Chapter 55;
(B)
					 an order for extended inpatient mental health services issued in accordance
					 with Texas Health and Safety Code §
													574.035, or
					 Texas Family Code Chapter 55;
(C)
					 an order for commitment issued in accordance with the Texas Code of Criminal
					 Procedure, Chapter 46B; or
(D) an
					 order for commitment issued in accordance with the Texas Code of Criminal
					 Procedure, Chapter 46C.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 3 - ADMISSION TO A STATE MENTAL HEALTH FACILITY OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED-PROVIDER RESPONSIBILITIES › Section 306.178 - Voluntary Treatment Following Involuntary Admission

Current through Reg. 49, No. 28; July 12, 2024
An SMHF or a facility with a CPB continues to provide
						inpatient services to an individual involuntarily receiving treatment after the
						individual is eligible for discharge as described in § 306.204 of this
						subchapter (relating to Discharge of an Individual Involuntarily Receiving
						Treatment), if, after consultation with the designated LMHA or LBHA:
(1) the SMHF or facility with a CPB obtains
					 written consent for voluntary inpatient services that meets the requirements of
					 a request for voluntary admission, as described in § 306.175(a) of this
					 subchapter (relating to Voluntary Admission Criteria for a Facility with a
					 Contracted Psychiatric Bed Authorized by an LMHA or LBHA or for a State Mental
					 Health Facility); and
(2) the
					 individual's treating physician:
(A) examines
					 the individual; and
(B) based on
					 the examination in subparagraph (A) of this paragraph, issues an order for
					 voluntary inpatient services that meets the requirements of § 306.175(i)
					 of this subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES › Section 306.191 - Transfers Between State Mental Health Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The individual, the individual's LAR, any
					 other person authorized by the individual, SMHF staff, the designated LMHA or
					 LBHA, or another interested person may initiate a request to transfer an
					 individual from one SMHF to another SMHF.
(b) A transfer between SMHFs may occur when
					 deemed advisable by the administrator of the transferring SMHF with the
					 agreement of the administrator of the receiving SMHF based on:
(1) the condition and desires of the
					 individual;
(2) geographic
					 residence of the individual;
(3)
					 program and bed availability; and
(4) geographical proximity to the
					 individual's family and any other person authorized by the individual, and LAR,
					 if any.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES › Section 306.192 - Transfers Between a State Mental Health Facility and a State Supported Living Center

Current through Reg. 49, No. 28; July 12, 2024
(a) For an
					 individual transferring from a state mental health facility (SMHF) to a state
					 supported living center (SSLC) :
(1) the
					 following rules and statutes govern the transfer:
(A) 40 TAC Chapter 2, Subchapter F, Division
					 3 (relating to Transfers); and
(B)
					 Texas Health and Safety Code §
													575.013
					 and §
													575.017;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES › Section 306.193 - Transfers Between a State Mental Health Facility and an Out-of-State Institution

Current through Reg. 49, No. 28; July 12, 2024
A transfer between an SMHF and an out-of-state facility
						is governed by 1 TAC Chapter 383 (relating to Interstate Compact on Mental
						Health and Mental Retardation).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES › Section 306.194 - Transfers Between a State Mental Health Facility and Another Facility in Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Health
					 and Safety Code §
											575.011,
					 §
											575.014, and
					 §
											575.017 govern
					 transfer of an individual between an SMHF and a psychiatric hospital. An SMHF
					 must not transfer an individual voluntarily receiving treatment without the
					 consent of the individual or LAR who made the request for voluntary admission
					 in accordance with § 306.175(a)(1) of this subchapter (relating to
					 Voluntary Admission Criteria for a Facility with a Contracted Psychiatric Bed
					 Authorized by an LMHA or LBHA or for a State Mental Health Facility).
(b) Texas Health and Safety Code §
											575.015 and
					 §
											575.017 govern
					 transfer of an individual from an SMHF to a federal correctional facility. The
					 transferring SMHF notifies the designated LMHA or LBHA of the
					 transfer.
(c) Texas Health and
					 Safety Code §
											575.016 and
					 §
											575.017 govern
					 transfer of an individual from a facility of the institutional division of the
					 Texas Department of Criminal Justice to an SMHF.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Division 4 - TRANSFERS AND CHANGING LOCAL MENTAL HEALTH AUTHORITIES OR LOCAL BEHAVIORAL HEALTH AUTHORITIES › Section 306.195 - Changing Local Mental Health Authorities or Local Behavioral Health Authorities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Requirements related to an individual currently receiving LMHA or LBHA services
					 who intends to move his or her permanent residence to a county within the local
					 service area of another LMHA or LBHA and seek services from the new LMHA or
					 LBHA.
(1) The originating LMHA or LBHA must:
(A) initiate transition planning with the
					 receiving LMHA or LBHA;
(B) educate
					 the individual on the provisions of this subchapter regarding the individual's
					 transfer, consisting of:
(i) information
					 regarding walk-in intake services, if applicable, where no appointment is
					 scheduled for the individual's initial intake to determine
					 eligibility;
(ii) the individual's
					 rights as eligible for services; and
(iii) the receiving LMHA or LBHA is notified
					 of the individual's intent to move the individual's permanent
					 residence;
(C) assist in
					 facilitating and scheduling the intake appointment at the new LMHA or LBHA once
					 the relocation has been confirmed;
(D) submit to the receiving LMHA or LBHA
					 treatment information pertinent to the individual's continuity of care with
					 submission after the individual's transfer request;
(E) ensure the individual has sufficient
					 medication for up to 90 days or to last until the medication management
					 appointment date at the receiving LMHA or LBHA;
(F) maintain the individual's case in open
					 status in the applicable HHSC automation system for 90 days or until notified
					 that the individual has been admitted to services at the receiving LMHA or
					 LBHA, whichever occurs first;
(G)
					 conduct an intake assessment in accordance with § 301.353(a) of this title
					 (relating to Provider Responsibilities for Treatment Planning and Service
					 Authorization) and determine whether the LMHA or LBHA has the capacity to serve
					 the individual immediately or place the individual on a waiting list for
					 services; and
(H) authorize an
					 initial 180 days of services for an adult and 90 days for a child or an
					 adolescent for transitioning and ongoing care, including the provision of
					 medications, if the individual is eligible and not on the waiting
					 list.