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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 301IDD-BH CONTRACTOR ADMINISTRATOR FUNCTIONS
SUBCHAPTER GMENTAL HEALTH COMMUNITY SERVICES STANDARDS
DIVISION 1GENERAL PROVISIONS
RULE §301.303Definitions

  (33) LOC or level of care--A designation given to the department's standardized packages of mental health community services, based on the uniform assessment and the utilization management guidelines, which recommend the type, amount, and duration of mental health community services to be provided to an individual.

  (34) LPC or licensed professional counselor--A staff member who is licensed as a licensed professional counselor by the Texas State Board of Examiners of Professional Counselors in accordance with Texas Occupations Code, Chapter 503.

  (35) LPHA or licensed practitioner of the healing arts--A staff member who is:

    (A) a physician;

    (B) a licensed professional counselor (LPC);

    (C) a licensed clinical social worker (LCSW);

    (D) a psychologist;

    (E) an advanced practice registered nurse (APRN);

    (F) a physician assistant (PA); or

    (G) a licensed marriage and family therapist (LMFT).

  (36) LVN or licensed vocational nurse--A staff member who is licensed as a licensed vocational nurse by the Texas Board of Nursing in accordance with Texas Occupations Code, Chapter 301.

  (37) Management information system--An information system designed to supply an LMHA or MCO with information needed to plan, organize, staff, direct, and control their operations and clinical decision-making.

  (38) MCO or managed care organization--An entity that has a current Texas Department of Insurance certificate of authority to operate as a Health Maintenance Organization (HMO) in the Texas Insurance Code, Chapter 843, or as an approved nonprofit health corporation in the Texas Insurance Code, Chapter 844, and that provides mental health community services pursuant to a contract with the department.

  (39) Medical necessity--The need for a service that:

    (A) is reasonable and necessary for the diagnosis or treatment of a mental health disorder or a co-occurring psychiatric and substance use disorder (COPSD) in order to improve or maintain an individual's level of functioning;

    (B) is provided in accordance with professionally accepted clinical guidelines and standards of practice in behavioral health care;

    (C) is furnished in the most clinically appropriate, available setting in which the service can be safely provided;

    (D) is provided at a level that is safe and appropriate for the individual's needs and facilitates the individual's recovery; and

    (E) could not be omitted without adversely affecting the individual's mental or physical health or the quality of care rendered.

  (40) Medical record--The systematic, organized account, compiled by health care providers, of information relevant to the services provided to an individual. This includes an individual's history, present illness, findings on examination, treatment and discharge plans, details of direct and indirect care and services, and notes on progress.

  (41) Mental health community services--All services medically necessary to treat, care for, supervise, and rehabilitate individuals who have a mental illness or emotional disorder or a COPSD. These services include services for the prevention of and recovery from such disorders, but do not include inpatient services provided in a state facility.

  (42) Mental illness--An illness, disease, or condition (other than a sole diagnosis of epilepsy, dementia, substance use disorder, mental retardation, or pervasive developmental disorder) that:

    (A) substantially impairs an individual's thought, perception of reality, emotional process, development, or judgment; or

    (B) grossly impairs an individual's behavior as demonstrated by recent disturbed behavior.

  (43) Peer provider--A staff member who:

    (A) has received:

      (i) a high school diploma; or

      (ii) a high school equivalency certificate issued in accordance with the law of the issuing state;

    (B) has at least one cumulative year of receiving mental health community services; and

    (C) is under the direct clinical supervision of an LPHA.

  (44) Physician--A staff member who is:

    (A) licensed as a physician by the Texas Medical Board in accordance with Texas Occupations Code, Chapter 155; or

    (B) authorized to perform medical acts under an institutional permit at a Texas postgraduate training program approved by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Texas Medical Board.

  (45) Physician assistant--A staff member who has specialized psychiatric/mental health training and who is licensed as a physician assistant by the Texas State Board of Physician Assistant Examiners in accordance with Texas Occupations Code, Chapter 204.

  (46) Provider--Any person or legal entity that contracts with the department, an LMHA, or an MCO to provide mental health community services to individuals, including that part of an LMHA or MCO directly providing mental health community services to individuals. The term includes providers of mental health case management services and providers of mental health rehabilitative services.

  (47) Psychologist--A staff member who is licensed as a psychologist by the Texas State Board of Examiners of Psychologists in accordance with Texas Occupations Code, Chapter 501.

  (48) QMHP-CS or qualified mental health professional-community services--A staff member who is credentialed as a QMHP-CS who has demonstrated and documented competency in the work to be performed and:

    (A) has a bachelor's degree from an accredited college or university with a minimum number of hours that is equivalent to a major (as determined by the LMHA or MCO in accordance with §412.316(d) of this title (relating to Competency and Credentialing)) in psychology, social work, medicine, nursing, rehabilitation, counseling, sociology, human growth and development, physician assistant, gerontology, special education, educational psychology, early childhood education, or early childhood intervention;

    (B) is a registered nurse (RN); or

    (C) completes an alternative credentialing process as determined by the LMHA or MCO in accordance with §412.316(c) and (d) of this title relating to (Competency and Credentialing).

  (49) Recovery--The process by which a person becomes able or regains the ability to live, work, learn, and participate fully in his or her community.

  (50) Referral--The process of identifying appropriate services and providing the information and assistance needed to access them.

  (51) RN or registered nurse--A staff member who is licensed as a registered nurse by the Texas Board of Nursing in accordance with Texas Occupations Code, Chapter 301.

  (52) Restraint--The same meaning as defined in Chapter 415, Subchapter F of this title (relating to Interventions in Mental Health Programs).

  (53) Routine care services--Mental health community services provided to an individual who is not in crisis.

  (54) Safety monitoring--Ongoing observation of an individual to ensure the individual's safety. An appropriate staff person must be continuously present in the individual's immediate vicinity, provide ongoing monitoring of the individual's mental and physical status, and ensure rapid response to indications of a need for assistance or intervention. Safety monitoring includes maintaining continuous visual contact with frequent face-to-face contacts as needed.

  (55) Screening Activities performed by a Qualified Mental Health Professional--Community Services (QMHP-CS) to gather triage information to determine the need for in-depth assessment. The QMHP-CS collects this information through face-to-face or telephone interviews with the individual or collateral. This service includes screenings to determine if the individual's need is emergent, urgent, or routine (which is conducted prior to the face-to-face assessment to determine the need for emergency services).

  (56) Seclusion--The same meaning as defined in Chapter 415, Subchapter F of this title.

  (57) Staff member--Anyone who works or provides services for an LMHA, MCO, or provider as an employee, contractor, intern, or volunteer.

  (58) Support services--Mental health community services delivered to an individual, LAR, or family member(s) to assist the individual in functioning in the individual's chosen living, learning, working, and socializing environments.

Cont'd...

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