Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 307 - BEHAVIORAL HEALTH PROGRAMS
Subchapter C - JAIL-BASED COMPETENCY RESTORATION PROGRAM
Section 307.107 - Program Eligibility Requirements

Current through Reg. 49, No. 38; September 20, 2024

(a) The JBCR pilot program must meet the standards set forth in the Texas Code of Criminal Procedure, Article 46B.090, and upon operation of program services, the provider of the JBCR pilot program must be:

(1) an LMHA:
(A) in good standing with HHSC; and

(B) that demonstrates a history of successful competency restoration outcomes; or

(2) a private provider or a local unit of general purpose government or city unit of government, or a subcontractor of the unit of government:
(A) certified by a nationwide nonprofit organization that accredits health care organizations and programs;

(B) that maintains the accreditation in subparagraph (A) of this paragraph while under contract with HHSC to provide competency restoration services under this subchapter;

(C) that demonstrates a history of successful JBCR program outcomes; and

(D) has previously provided JBCR services for one or more years.

(b) The county-based JBCR program must meet the standards set forth in the Texas Code of Criminal Procedure, Article 46B.091 and upon operation of program services, the provider of the county-based JBCR program must be:

(1) an LMHA or LBHA in good standing with HHSC; or

(2) a subcontractor of an LMHA or LBHA in good standing with HHSC.

(c) An LMHA or LBHA that contracts with a county to provide jail-based competency restoration services must comply with the rules found in Chapter 412, Subchapter B of this title (relating to Contracts Management for Local Authorities) and the contract management and oversight requirements of the Texas Comptroller of Public Accounts.

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