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
Universal Citation: 26 TX Admin Code ยง 306.195
Current through Reg. 49, No. 38; September 20, 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.
(2) If the
individual seeks services from the new LMHA or LBHA without prior knowledge of
the originating LMHA or LBHA:
(A) the
receiving LMHA or LBHA must:
(i) initiate
transition planning with the originating LMHA or LBHA;
(ii) promptly request records pertinent to
the individual's treatment, with the individual's consent, if
applicable;
(iii) conduct an intake
assessment in accordance with § 301.353(a) of this title and determine
whether the individual should receive services immediately or be placed on a
waiting list for services; and
(iv)
if the individual is eligible and the individual is not on the waitlist,
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; and
(B) the
originating LMHA or LBHA must:
(i) submit
requested information to the new LMHA or LBHA within seven days after the
request; and
(ii) 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 new LMHA or LBHA, whichever occurs first.
(3) If the new LMHA or LBHA denies services
to the individual during the transition period, or reduces or terminates
services at the conclusion of the authorized period, the new LMHA or LBHA must
notify the individual or LAR in writing within ten business days of the
proposed action and the right to appeal the proposed action in accordance with
§ 306.154 of this subchapter (relating to Notification and Appeals Process
for Local Mental Health Authority or Local Behavioral Health Authority
Services).
(b) Requirements related to an individual receiving inpatient services at an SMHF or facility with a CPB. If an individual at an SMHF or facility with a CPB informs the SMHF or facility with a CPB that the individual intends to move the individual's 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 SMHF or facility with a CPB notifies
the following of the individual's intent to move the individual's permanent
residence upon discharge:
(A) the originating
LMHA or LBHA, if the individual was receiving LMHA or LBHA services from the
originating LMHA or LBHA before admission to the SMHF or facility with a CPB;
and
(B) the new LMHA or
LBHA;
(2) the following
participate in the individual's discharge planning in accordance with §
306.201 of this subchapter (relating to Discharge Planning):
(A) the SMHF or facility with a
CPB;
(B) the new LMHA or LBHA;
and
(C) the originating LMHA or
LBHA, if the individual was receiving LMHA or LBHA services from the
originating LMHA or LBHA before admission to the SMHF or facility with a CPB;
and
(3) if the individual
was receiving LMHA or LBHA services from the originating LMHA or LBHA before
admission to the SMHF or facility with a CPB, the originating LMHA or LBHA
maintains the individual's case in open status in the applicable HHSC
automation system for 90 days or until notified that the individual is admitted
to services at the new LMHA or LBHA, whichever occurs first.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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