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RULE §301.271Procurement

(a) Procurement procedures. An LMHA shall develop and implement procurement procedures that comply with applicable state laws and rules. The LMHA may procure mental health services by any procurement method allowed by applicable statutes and rules that provides the best value to the LMHA.

(b) Content of the procurement document. A procurement document shall include:

  (1) the actual or maximum rate of payment for providing the services, as applicable;

  (2) the criteria for determining whether an applicant is a qualified provider; and

  (3) a detailed description of information to be included in a proposal, including:

    (A) how the provider would meet the cultural and linguistic needs of the individuals in the LMHA's local service area; and

    (B) how the provider would involve individuals, legally authorized representatives, and families at the policy and practice levels within the respondent's organization.

(c) Publication. An LMHA shall publicize the procurement document by:

  (1) posting on the Electronic State Business Daily;

  (2) posting on the LMHA's website;

  (3) posting a link on the department website;

  (4) sending to providers known to be interested in providing services in the LMHA's local service area; and

  (5) sending to local consumer and advocacy organizations and local private psychiatric hospitals.

(d) Provider follow-up. If a provider submits printed or electronic documentation of interest but does not submit an application, the LMHA shall attempt to contact the provider to determine why the provider withdrew from the process.

(e) Provider standards. An LMHA shall not apply more rigorous standards and requirements to external providers than it applies to its own programs and staff. This does not preclude the LMHA from requiring documentation and reporting necessary to verify compliance with the terms of the contract.

(f) Provider compensation. An LMHA shall pay external providers a fair and reasonable rate in relation to the local prevailing market.

(g) Monitoring and enforcement. An LMHA shall implement effective procedures for contract monitoring and enforce the requirements set out in applicable rules and contract provisions. Examples include standards for service delivery, cultural and linguistic competency, and consumer protections.

Source Note: The provisions of this §301.271 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

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