| (23) DD--Developmental disability. As listed in the
Texas Health and Safety Code §531.002, an individual with a severe,
chronic disability attributable to a mental or physical impairment
or a combination of mental and physical impairments that:
(A) manifests before the person reaches 22 years of
age;
(B) is likely to continue indefinitely;
(C) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic services, individualized
supports, or other forms of assistance that are of a lifelong or extended
duration and are individually planned and coordinated; and
(D) results in substantial functional limitations in
three or more of the following categories of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic self-sufficiency.
(24) Designated LMHA or LBHA--The LMHA or LBHA:
(A) that serves the individual's county of residence,
which is determined in accordance with §306.162 of this subchapter
(relating to Determining County of Residence); or
(B) that does not serve the individual's county of
residence but has taken responsibility for ensuring the individual's
LMHA or LBHA services.
(25) Discharge--
(A) From an SMHF or a facility with a CPB: The release
of an individual from the custody and care of a provider of inpatient
services.
(B) From LMHA or LBHA services: The termination of
LMHA or LBHA services delivered to an individual by an LMHA or LBHA.
(26) Discharged unexpectedly--A discharge from an SMHF
or facility with a CPB:
(A) due to an individual's unauthorized departure;
(B) at the individual's request;
(C) due to a court releasing the individual;
(D) due to the death of the individual; or
(E) due to the execution of an arrest warrant for the
individual.
(27) Emergency medical condition--A medical condition
manifesting itself by acute symptoms of sufficient severity (including
severe pain, psychiatric disturbances, or symptoms of substance use
disorder) such that the absence of immediate medical attention could
reasonably result in:
(A) placing the health of the individual (or with respect
to a pregnant woman, the health of the woman or her unborn child)
or others in serious jeopardy;
(B) serious impairment to bodily functions;
(C) serious dysfunction of any bodily organ or part;
(D) serious disfigurement; or
(E) in the case of a pregnant woman having contractions:
(i) inadequate time to affect a safe transfer to another
hospital before delivery; or
(ii) a transfer posing a threat to the health and safety
of the woman or the unborn child.
(28) Face-to-face--A form of contact occurring in person
or through the use of audiovisual or other telecommunications technology.
(29) Facility--A care facility including a state mental
health facility, private psychiatric hospital, medical hospital, and
community setting, but does not include a nursing facility or an assisted
living facility.
(30) HHSC--Texas Health and Human Services Commission
or its designee.
(31) ID--Intellectual disability. Consistent with Texas
Health and Safety Code §591.003, significantly sub-average general
intellectual functioning existing concurrently with deficits in adaptive
behavior and originating before age 18.
(32) Individual--A person seeking or receiving services
under this subchapter.
(33) Individual involuntarily receiving treatment--An
individual receiving inpatient services based on an admission to a
state mental health facility or a facility with a CPB made in accordance
with:
(A) §306.176 of this subchapter;
(B) §306.177 of this subchapter (relating to Admission
Criteria Under Order of Protective Custody or Court-ordered Inpatient
Mental Health Services);
(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
Cont'd... |
