The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Access--An individual's ability to obtain the psychiatric
and substance use disorder services needed.
(2) Adolescent--A person who is 13 through 17 years
of age.
(3) Adult--A person who is 18 years of age or older.
(4) Child--A person who is 3 through 12 years of age.
(5) Contract--A legally enforceable written agreement
for the purchase of services.
(6) Co-occurring psychiatric and substance use disorders
(COPSD)--The co-occurring diagnoses of psychiatric disorders and substance
use disorders.
(7) Diagnostic and Statistical Manual of Mental
Disorders (DSM)--The most recent edition of the American Psychiatric
Association's official classification of mental disorders.
(8) Entity or entities--The terms used to refer to
the following:
(A) local mental health authorities (LMHAs);
(B) Managed care organizations (MCOs);
(C) state mental health facilities (SMHF); and
(D) Medicaid providers who are required to comply with
Chapter 419, Subchapter L of this title, governing Mental Health Rehabilitative
Services, or Chapter 412, Subchapter I of this title, governing Mental
Health Case Management Services.
(9) Family member--Anyone an individual identifies
as being involved in the individual's life (e.g., the individual's
parent, spouse, child, sibling, significant other, or friend).
(10) Individual--
(A) For an LMHA--An adult with COPSD, adolescent with
COPSD, or child with COPSD seeking or receiving services from or through
the LMHA or its provider.
(B) For an MCO--An enrolled adult with COPSD, adolescent
with COPSD, or child with COPSD seeking or receiving services from
or through the MCO or its provider.
(C) For an SMHF--An adult with COPSD, adolescent with
COPSD, or child with COPSD seeking or receiving services from or through
the SMHF or its provider.
(D) For a provider of rehabilitative services or a
provider of mental health case management services reimbursed by Medicaid--An
adult with COPSD, adolescent with COPSD, or child with COPSD seeking
or receiving rehabilitative services or mental health case management
services reimbursed by Medicaid.
(11) Integrated assessment--An assessment of an individual
to gather both substance use and psychiatric information.
(12) Legally authorized representative (LAR)--A person
authorized by law to act on behalf of an individual with regard to
a matter (e.g., a parent, guardian, or managing conservator of a child
or adolescent, a guardian of an adult, or a personal representative
of a deceased individual).
(13) Local mental health authority (LMHA)--An entity
designated as the local mental health authority by the DSHS in accordance
with the Health and Safety Code, §533.035(a).
(14) Managed care organization (MCO)--An entity that
has a current Department of Insurance certificate of authority to
operate as a health maintenance organization (HMO) under Insurance
Code, Subchapter C of Chapter 843, or as an approved nonprofit health
corporation under Insurance Code, Chapter 884.
(15) Psychiatric disorder--An emotional disturbance
in a child or adolescent or a psychiatric disorder in an adult who
is a member of the mental health priority population as defined in
the Health and Human Services System Strategic Plan 2011 - 2015.
(16) Readiness to change--An individual's emotional
and cognitive awareness of the need to change, coupled with a commitment
to change.
(17) Services--Services provided to treat a psychiatric
or substance use disorder.
(18) Staff--Full- or part-time employees, contractors,
and interns of an entity.
(19) 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 criteria
described in the current Diagnostic and Statistical Manual of Mental
Disorders for substance abuse or substance dependence.
(20) Support services--Services delivered to an individual,
legally authorized representative (LAR) or family member(s) to assist
the individual in functioning in the living, learning, working, and
socializing environments.
(21) Treatment plan--A written document developed by
the provider, in consultation with the individual (and LAR on the
individual's behalf), that is based on assessments of the individual
and which addresses the individual's strengths, needs, goals, and
preferences regarding service delivery as referenced in §412.322
of this title (relating to Provider Responsibilities for Treatment
Planning and Service Authorization) of Chapter 412, Subchapter G of
this title, governing Mental Health Community Services Standards.
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| Source Note: The provisions of this §306.5 adopted to be effective September 7, 2003, 28 TexReg 7396; amended to be effective November 17, 2011, 36 TexReg 7669; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 467 |
