Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 301 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS
Division 1 - GENERAL PROVISIONS
Section 301.305 - Responsibility for Compliance
Universal Citation: 26 TX Admin Code § 301.305
Current through Reg. 50, No. 13; March 28, 2025
(a) Compliance with Divisions 2 - 3 of this subchapter requires:
(1) the LMHA and MCO to comply with the
applicable sections and subsections contained in Divisions 2 - 3 of this
subchapter;
(2) the LMHA and MCO to
obligate by contract the providers in their networks to comply with the
applicable sections and subsections contained in Divisions 2 - 3 of this
subchapter;
(3) the LMHA and MCO to
monitor their providers for compliance with the applicable sections and
subsections contained in Divisions 2 - 3 of this subchapter; and
(4) providers of mental health case
management or mental health rehabilitative services to comply with §
301.321(e) of
this title (relating to Leadership), §
301.323 of this title (relating to
Environment of Care and Safety), §
301.325 of this title (relating to
Rights and Protection), §
301.327(e) of
this title (relating to Access to Mental Health Community Services), §
301.329 of this title (relating to
Medical Records System), and §
301.331 of this title (relating to
Competency and Credentialing), contained in Division 2 of this subchapter, and
with all the sections in Division 3 of this subchapter.
(b) Providers must comply with the department's Utilization Management Guidelines, which are incorporated by reference, if contractually obligated to provide any mental health community services, including mental health rehabilitative, mental health case management, supported housing, supported employment, or Assertive Community Treatment (ACT). The department is responsible for monitoring compliance by providers that contract with the department and the LMHA and MCO are responsible for requiring and monitoring compliance of providers in their networks.
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