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, DISCHARGE, AND CONTINUITY OF CARE
Division 5 - DISCHARGE AND ABSENCES FROM A STATE HOSPITAL OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED
Section 306.207 - Post Discharge or Furlough: Contact and Implementation of the Recovery or Treatment Plan
Universal Citation: 26 TX Admin Code § 306.207
Current through Reg. 50, No. 26; June 27, 2025
(a) The designated LMHA or LBHA must:
(1) contact an individual
following discharge or furlough from a state hospital or CPB;
(2) implement the individual's recovery or
treatment plan within seven days after discharge in accordance with this
section; and
(3) ensure the
successful transition of the individual determined by the state hospital or CPB
to be medically appropriate for discharge in accordance with Texas Health and
Safety Code §
534.0535.
(b) LMHA or LBHA contact after discharge or furlough.
(1) The designated LMHA
or LBHA must contact an individual in person or using audiovisual technology
within seven days after discharge or furlough of an individual who is:
(A) discharged or on furlough from a state
hospital or CPB and referred to the LMHA or LBHA for services or supports as
indicated in the recovery or treatment plan;
(B) discharged from an LMHA or LBHA-network
provider of inpatient services and referred to the LMHA or LBHA for services or
supports as indicated in the recovery or treatment plan;
(C) discharged from an alternate provider of
inpatient services and receiving LMHA or LBHA services from the designated LMHA
or LBHA at the time of admission and who, upon discharge, is referred to the
LMHA or LBHA for services or supports as indicated in the recovery or treatment
plan;
(D) discharged from the
LMHA's or LBHA's crisis stabilization unit or any overnight crisis facility and
referred to the LMHA or LBHA for services or supports as indicated in the
discharge plan; or
(E) an offender
with special needs discharged from a state hospital or CPB returning to
jail.
(2) During the
contact required by paragraph (1)(A) of this paragraph, the designated LMHA or
LBHA must:
(A) reassess the
individual;
(B) ensure the
provision of the services and supports specified in the individual's recovery
or treatment plan by making the services and supports available and accessible
as determined by the individual's level of care; and
(C) assist the individual in accessing the
services and supports specified in the individual's recovery or treatment
plan.
(3) The designated
LMHA or LBHA must develop or review an individual's recovery or treatment plan
in accordance with §
301.353(e) of
this title (relating to Provider Responsibilities for Treatment Planning and
Service Authorization) and consider treatment recommendations in the state
hospital's or CPB's discharge plan within ten business days after the contact
required by paragraph (1)(A) of this paragraph.
(4) The designated LMHA or LBHA must make a
good faith effort to contact an individual as required by paragraph (1)(A) of
this paragraph. If the designated LMHA or LBHA does not have the required
contact with the individual, the LMHA or LBHA must document the attempts made
and reasons the contact did not occur in the individual's record.
(c) For an individual whose recovery or treatment plan identifies the designated LMHA or LBHA as responsible for providing or paying for the individual's psychoactive medications, the designated LMHA or LBHA must ensure:
(1) the provision of psychoactive medications
for the individual; and
(2) the
individual has an appointment with a physician or designee authorized by state
law to prescribe medication before the earlier of the following events:
(A) the individual's supply of psychoactive
medication from the state hospital or CPB has been depleted; or
(B) the 15th day after the individual is on
furlough or discharged from the state hospital or CPB.
(d) The designated LMHA or LBHA must document in an individual's record the LMHA's or LBHA's activities described in this section, and the individual's responses to those activities.
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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