|(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
(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
(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