| (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
(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;
(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,
(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
(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
(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
(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
(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
(C) that guides the recovery treatment process and
(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
(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.