Current through Reg. 49, No. 38; September 20, 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.
(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.
(c) Dispute 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, during the dispute resolution
process.
(2) If an LMHA or LBHA
initiates a dispute that executive directors of the affected LMHAs or LBHAs
cannot resolve, the HHSC performance contract manager(s) of the affected LMHAs
or LBHAs resolves the dispute.
(d) Disputes regarding county of residence
initiated by or on behalf of an individual. The Ombudsman may consult with the
HHSC performance contract manager(s) of the affected LMHAs or LBHAs and help
resolve a dispute initiated by or on behalf of an individual.
(e) Changing county of residence status.
Changing an individual's county of residence requires agreement between the
LMHAs or LBHAs affected by the change, except as provided in § 306.195 of
this subchapter (relating to Changing Local Mental Health Authorities or Local
Behavioral Health Authorities).
