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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER DMENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE
DIVISION 1GENERAL PROVISIONS
RULE §306.153Definitions

    (C) an order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code §574.034 or Texas Family Code, Chapter 55;

    (D) an order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code §574.035 or Texas Family Code, Chapter 55;

    (E) an order for commitment issued in accordance with Texas Code of Criminal Procedure, Chapter 46B; or

    (F) an order for commitment issued in accordance with Texas Code of Criminal Procedure, Chapter 46C.

  (34) Individual voluntarily receiving treatment--An individual receiving inpatient services based on an admission made in accordance with:

    (A) §306.175 of this subchapter; or

    (B) §306.178 of this subchapter (relating to Voluntary Treatment Following Involuntary Admission).

  (35) Inpatient services--Residential psychiatric treatment provided to an individual in an SMHF, a facility with a CPB, a hospital licensed under the Texas Health and Safety Code, Chapter 241 or Chapter 577, or a CSU licensed under Chapter 510 of this title (relating to Private Psychiatric Hospitals and Crisis Stabilization Units).

  (36) Intake assessment--The administrative process conducted by an assessment professional for gathering information about a prospective patient including the psychiatric and medical history, social history, symptomology and support system and giving a prospective patient information about the facility and the facility's treatment and services.

  (37) LAR--Legally authorized representative. A person authorized by state law to act on behalf of an individual for the purposes of:

    (A) admission, transfer or discharge that includes:

      (i) a parent, non-Department of Family and Protective Services managing conservator or guardian of a minor;

      (ii) a Department of Family and Protective Service managing conservator of a minor acting pursuant to Texas Health and Safety Code §572.001 (c-2) - (c-4); and

      (iii) a person eligible to consent to treatment for a minor under §32.001(a), Texas Family Code, or a person who may request from a district court authorization under Texas Family Code, Chapter 35 for the temporary admission of a minor.

    (B) consent on behalf of an individual with regard to a matter described in this subchapter other than admission, transfer or discharge includes:

      (i) persons described by subparagraph (A) of this paragraph; and

      (ii) an agent acting under a Medical Power of Attorney under Texas Health and Safety Code, Chapter 166 or a Declaration for Mental Health Treatment under Texas Civil Practice and Remedies Code, Chapter 137.

  (38) LBHA--Local behavioral health authority. An entity designated as an LBHA by HHSC in accordance with Texas Health and Safety Code §533.0356.

  (39) LIDDA--Local intellectual and developmental disability authority. An entity designated by HHSC in accordance with Texas Health and Safety Code §533A.035.

  (40) LMHA--Local mental health authority. An entity designated as an LMHA by HHSC in accordance with Texas Health and Safety Code §533.035(a).

  (41) LMHA or LBHA network provider--An entity that provides mental health services in the community pursuant to a contract or memorandum of understanding with an LMHA or LBHA, including that part of an LMHA or LBHA directly providing mental health services.

  (42) LMHA or LBHA services--Inpatient and outpatient mental health services provided by an LMHA or LBHA network provider to an individual in the individual's home community.

  (43) Local service area--A geographic area composed of one or more Texas counties defining the population that may receive services from an LMHA or LBHA.

  (44) MCO--Managed care organization. An entity governed by Chapter 843 of the Texas Insurance Code to operate as a health maintenance organization or to issue a private provider benefit plan.

  (45) Mental illness--An illness, disease, or condition, other than a sole diagnosis of epilepsy, dementia, substance use disorder, ID, or DD that:

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

    (B) grossly impairs behavior as demonstrated by recent disturbed behavior.

  (46) MH priority population--Mental health priority population. As identified in state performance contracts with LMHAs or LBHAs, those groups of children, adolescents, and adults with mental illness or serious emotional disturbance assessed as most in need of mental health services.

  (47) Minor--An individual younger than 18 years of age.

  (48) Nursing facility--A long-term care facility licensed by HHSC as a nursing home, nursing facility, or skilled nursing facility as defined in Texas Health and Safety Code, Chapter 242.

  (49) Offender with special needs--An individual who has a terminal or serious medical condition, a mental illness, an ID, a DD, or a physical disability, and is served by the Texas Correctional Office on Offenders with Medical or Mental Impairments as provided in Texas Health and Safety Code, Chapter 614.

  (50) Ombudsman--The Ombudsman for Behavioral Health Access to Care established by Texas Government Code §531.02251, which serves as a neutral party to help individuals, including individuals who are uninsured or have public or private health benefit coverage. The behavioral health care providers navigate and resolve issues related to the individual's access to behavioral health care, including care for mental health conditions and substance use disorders.

  (51) PASRR--Preadmission screening and resident review in accordance with 40 TAC Chapter 19, Subchapter BB (relating to Nursing Facility Responsibilities Related to Preadmission Screening and Resident Review (PASRR)).

  (52) PASRR Level I screening--The process of screening an individual to identify whether the individual is suspected of having a mental illness, ID, or DD.

  (53) PASRR Level II evaluation--A face-to-face evaluation of an individual suspected of having a mental illness, ID, or DD performed by a LIDDA, LMHA, or LBHA to determine if the individual has a mental illness, ID, or DD, and if so, to:

    (A) assess the individual's need for care in a nursing facility;

    (B) assess the individual's need for nursing facility specialized services, LIDDA specialized services, and LMHA or LBHA specialized services; and

    (C) identify alternate placement options.

  (54) Peer specialist--A person who uses lived experience in addition to skills learned in formal training, to deliver strengths-based, person-centered services to promote an individual's recovery and resiliency in accordance with 1 TAC Chapter 354, Subchapter N.

  (55) Permanent residence--The physical location where an individual lives, or if a minor, where the minor's parents or legal guardian lives. A post office box is not a permanent residence.

  (56) Preliminary examination--An assessment for medical stability and a psychiatric examination in accordance with Texas Health and Safety Code §573.022(a)(2).

  (57) QMHP-CS--Qualified mental health professional-community services. A staff member who meets the requirements and performs the functions described in Chapter 301, Subchapter G of this title (relating to Mental Health Community Services Standards).

  (58) Recovery--A process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential.

  (59) Recovery or treatment plan--A written plan:

    (A) developed in collaboration with an individual or the individual's LAR if required, and a QMHP-CS or Licensed Practitioner of the Healing Arts (LPHA) as defined in §301.303 of this title (relating to Definitions);

    (B) amended at any time based on an individual's needs or requests;

    (C) that guides the recovery treatment process and fosters resiliency;

    (D) completed in conjunction with the uniform assessment;

    (E) that identifies the individual's changing strengths, capacities, goals, preferences, needs, and desired outcomes; and

    (F) that includes recommended services and supports or reasons for the exclusion of services and supports.

  (60) Screening--Activities performed by a QMHP-CS to:

    (A) collect triage information through face-to-face or telephone interviews with an individual or collateral contact;

    (B) determine if the individual's need is emergent, urgent, or routine, conducted before the face-to-face assessment to determine the need for emergency services; and

    (C) determine the need for in-depth assessment.

  (61) SMHF--State mental health facility. A state hospital or a state center with an inpatient psychiatric component.

  (62) SSLC--State supported living center. Consistent with Texas Health and Safety Code §531.002, a residential facility operated by the State to provide individuals with an ID a variety of services, including medical treatment, specialized therapy, and training in the acquisition of personal, social, and vocational skills.

  (63) Substance use disorder--The use of one or more drugs, including alcohol, which significantly and negatively impacts one or more major areas of life functioning and which meets the criteria for substance use as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association.

  (64) TAC--Texas Administrative Code.

  (65) TCOOMMI--Texas Correctional Office on Offenders with Medical or Mental Impairments or its designee.

  (66) Transfer--To move from one facility to another facility.

  (67) Treating physician--A physician who coordinates and oversees an individual's treatment.

  (68) Treatment team--A group of treatment providers, an individual, the individual's LAR, if any, and the LMHA, LBHA, or LIDDA who work together in a coordinated manner to provide comprehensive mental health services to the individual.

  (69) Uniform assessment--An assessment tool adopted by HHSC under §301.353 of this title (relating to Provider Responsibilities for Treatment Planning and Service Authorization) used for recommending an individual's level of care.


Source Note: The provisions of this §306.153 adopted to be effective May 20, 2020, 45 TexReg 3301

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