Current through Reg. 50, No. 13; March 28, 2025
(a) County
of Residence for Adults.
(1) An adult's county
of residence is the county of the adult's permanent residence or, if
applicable, the county of the LAR'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, there is no evidence indicating
the location of an 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) The county in which the paying LMHA or
LBHA is located is the adult's county of residence if the individual receives
services:
(A) delivered in the local service
area of another LMHA or LBHA for an adult's community mental health services;
or
(B) for an adult's living
arrangement located outside the paying LMHA's or LBHA's local service area.
(b) County
of Residence for Minors.
(1) Except as
provided in paragraph (2) of this subsection, a minor's county of residence is
the county in which the minor's LAR's permanent residence is located.
(2) A minor's county of residence is the
county in which the minor currently resides if:
(A) it cannot be determined in which county
the minor's LAR's permanent residence is located;
(B) a state agency is the minor's
LAR;
(C) the minor does not have an
LAR; or
(D) the minor is at least
16 years of age and self-enrolling into services.
(3) A minor in DFPS conservatorship may
continue receiving services from the LMHA or LBHA where the minor was last
enrolled in services until another appropriate placement is established. Once
placement is established, the transferring LMHA or LBHA will hold a transfer
meeting with the receiving LMHA or LBHA and the minor's LAR.
(c) Disagreements regarding county
of residence initiated by an LMHA or LBHA.
(1)
The LMHA or LBHA must initiate or continue providing clinically necessary
services, including discharge planning, until a disagreement regarding county
of residence is resolved.
(2) If an
LMHA or LBHA initiates a disagreement regarding county of residence that the
executive directors of the affected LMHAs or LBHAs cannot resolve, the HHSC
performance contract manager of the affected LMHAs or LBHAs resolves the
disagreement.
(d)
Disagreements regarding county of residence initiated by an individual or
another person or entity on behalf of the individual. The Ombudsman may consult
with the HHSC performance contract manager of the affected LMHAs or LBHAs and
help resolve a disagreement initiated by an individual or by another person or
entity on behalf of the individual.
(e) Changing county of residence status. If
an individual currently receiving LMHA or LBHA services moves the individual's
permanent residence to a county within the local service area of another LMHA
or LBHA, the LMHAs or LBHAs affected by the change must comply with §
306.195 of this subchapter
(relating to Changing Local Mental Health Authorities or Local Behavioral
Health Authorities).
