|(a) Department review. The department shall review
each plan to ensure compliance with the requirements of this subchapter
and to determine whether the LMHA is making reasonable attempts to
develop its provider network.
(1) The department shall establish a mechanism for
stakeholder involvement in the review process.
(2) In reviewing an LMHA's plan, the department shall
evaluate the level of effort made by the LMHA to achieve compliance
and the rationale and any supporting documentation for its decisions
and plans. This evaluation must include:
(A) the LMHA's response to public comment;
(B) the LMHA's past efforts and progress made in developing
a network of external providers;
(C) the specific context of the local service area,
including population density and distribution, existing service organizations,
and local priorities;
(D) the potential impact on individual choice and access;
(E) input from the LMHA's PNAC.
(3) The department may require an LMHA to submit additional
information or documentation.
(b) Department approval. The department shall notify
an LMHA of its decision within the timeframe established at the beginning
of the planning cycle.
(1) The department shall approve the plan if it determines
that the LMHA:
(A) is in compliance with the requirements of this
(B) is making reasonable attempts to develop an available
and appropriate external provider base that is sufficient to meet
the needs of individuals in its local service area.
(2) The department may require the LMHA to make revisions
before approving the plan. If revisions are required, the department
will determine a timeframe for resubmission.
(c) Posting the approved plan. After the department
approves the plan, the LMHA shall post the approved version on its
website. The posting must include the summary of public comments and
the LMHA's response.
(d) Implementation. An LMHA shall conduct procurement
as described in its approved plan.
(e) Amendment. If an LMHA determines it is unable to
conduct the procurement as originally approved by the department,
it shall submit a request for plan amendment to the department within
30 days of making the determination. An amendment is not required
to expand the scope of a planned procurement or to conduct additional
procurements outside of what is approved by the department. The department
will evaluate the amendment request using the same process used for
the original plan. Any proposed amendment must be approved in writing
by the department and posted on the LMHA's website before it is implemented.
(f) List of external providers. The LMHA must maintain
a current list of external providers on its website, including the
name of each organization or private practitioner and the services
provided. The list shall include the number of contracts and agreements
with individual peer support providers, but not the names of individual
peer support providers.
|Source Note: The provisions of this §301.269 adopted to be effective January 1, 2015, 39 TexReg 10478; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1237