| (a) Qualifications. To become a Medicaid provider of
MH rehabilitative services, an entity must:
(1) be established as a community mental health center
in accordance with Texas Health and Safety Code, §534.001, that:
(A) provides services comparable to MH rehabilitative
services and the services described in the Texas Health and Safety
Code, §534.053(a)(1) - (7);
(B) is in compliance with Chapter 412, Subchapter G
of this title (relating to Mental Health Community Services Standards);
(C) conducts criminal history clearances on all contractors
delivering MH rehabilitative services and all employees and applicants
of the Medicaid provider to whom an offer of employment is made and
ensures that individuals do not come in contact with and are not provided
services by an employee or contractor of the Medicaid provider (or
employee or contractor of contractors delivering MH rehabilitative
services under a contract with the Medicaid provider) who has a conviction
for any of the criminal offenses listed in Texas Health and Safety
Code, §250.006, or for any criminal offense that the Medicaid
provider has determined to be a contraindication to employment; and
(D) has a Medicaid provider agreement with the department
to provide MH rehabilitative services; or
(2) be a corporation incorporated or registered to
do business in the State of Texas that:
(A) has completed an application evidencing that it:
(i) provides services comparable to MH rehabilitative
services and the services described in the Texas Health and Safety
Code, §534.053(a)(1) - (7);
(ii) is in compliance with Chapter 412, Subchapter
G, of this title;
(iii) has demonstrated a history of providing, as well
as the capacity to continue to provide, services to individuals required
to submit to mental health treatment:
(I) under the Texas Code of Criminal Procedure, Article
17.032 (relating to Release on Personal Bond of Certain Mentally Ill
Defendants), or Article 42.12 §11(d) (relating to Community Supervision);
and
(II) under the Texas Health and Safety Code, Chapter
573 (relating to Emergency Detention) and Chapter 574 (relating to
Court-Ordered Mental Health Services); and
(iv) conducts criminal history clearances on all contractors
delivering MH rehabilitative services and all employees and applicants
of the corporation to whom an offer of employment is made and ensures
that individuals do not come in contact with and are not provided
services by an employee or contractor of the corporation (or employee
or contractor of contractors delivering MH rehabilitative services
under a contract with the corporation) who has a conviction for any
of the criminal offenses listed in Texas Health and Safety Code, §250.006,
or for any criminal offense that the corporation has determined to
be a contraindication to employment;
(B) has had its application information confirmed by
an on-site visit by the department;
(C) has had its application approved by the department;
and
(D) has signed a Medicaid provider agreement with the
department to provide MH rehabilitative services.
(b) Compliance. A Medicaid provider must:
(1) comply with all applicable federal and state laws,
rules, and regulations, and any Medicaid provider manuals and policy
clarification letters promulgated by the department;
(2) document and bill for reimbursement of MH rehabilitative
services in the manner and format prescribed by the department;
(3) allow the department access to all individuals
and individuals' records;
(4) maintain capacity to provide those services that
are described in Texas Health and Safety Code, §534.053(a)(1)
- (7); and
(5) maintain capacity to provide services to individuals
required to submit to mental health treatment:
(A) under the Texas Code of Criminal Procedure, Article
17.032 (relating to Release on Personal Bond of Certain Mentally Ill
Defendants), or Article 42.12 §11(d) (relating to Community Supervision);
and
(B) under the Texas Health and Safety Code, Chapter
573 (relating to Emergency Detention) and Chapter 574 (relating to
Court-Ordered Mental Health Services).
|
| Source Note: The provisions of this §306.329 adopted to be effective January 22, 2014, 39 TexReg 299; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1239 |
