| (a) County of Residence for Adults.
(1) An adult's county of residence is the county which
the adult or the adult's LAR indicates is the county of the adult's
permanent residence, unless there is a preponderance of evidence to
the contrary. If the adult is not a Texas resident or indicates no
permanent address, the adult's county of residence is the county in
which the evidence indicates the adult resides.
(2) If an adult is unable to communicate the location
of the adult's permanent residence and there is no evidence indicating
the location of the adult's permanent residence or if an adult is
not a Texas resident, the adult's county of residence is the county
in which the adult is physically present when the adult requests or
requires services.
(3) If an LMHA or LBHA is paying for an adult's community
mental health services delivered in the local service area of another
LMHA or LBHA, or if an LMHA or LBHA is paying for an adult's living
arrangement that is located outside the LMHA's or LBHA's local service
area, the county in which the paying LMHA or LBHA is located is the
adult's county of residence.
(b) County of Residence for Minors.
(1) Except as provided in paragraph (2) of this subsection,
a minor's county of residence is the county in which the minor's LAR's
permanent residence is located.
(2) A minor's county of residence is the county in
which the minor currently resides if:
(A) it cannot be determined in which county the minor's
LAR's permanent residence is located;
(B) a state agency is the minor's LAR;
(C) the minor does not have an LAR; or
(D) the minor is at least 16 years of age and self-enrolling
into services.
(c) Dispute regarding county of residence initiated
by an LMHA or LBHA.
(1) The LMHA or LBHA must initiate or continue providing
clinically necessary services, including discharge planning, during
the dispute resolution process.
(2) If an LMHA or LBHA initiates a dispute that executive
directors of the affected LMHAs or LBHAs cannot resolve, the HHSC
performance contract manager(s) of the affected LMHAs or LBHAs resolves
the dispute.
(d) Disputes regarding county of residence initiated
by or on behalf of an individual. The Ombudsman may consult with the
HHSC performance contract manager(s) of the affected LMHAs or LBHAs
and help resolve a dispute initiated by or on behalf of an individual.
(e) Changing county of residence status. Changing an
individual's county of residence requires agreement between the LMHAs
or LBHAs affected by the change, except as provided in §306.195
of this subchapter (relating to Changing Local Mental Health Authorities
or Local Behavioral Health Authorities).
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