| (a) Compliance with Divisions 2 - 3 of this subchapter
requires:
(1) the LMHA and MCO to comply with the applicable
sections and subsections contained in Divisions 2 - 3 of this subchapter;
(2) the LMHA and MCO to obligate by contract the providers
in their networks to comply with the applicable sections and subsections
contained in Divisions 2 - 3 of this subchapter;
(3) the LMHA and MCO to monitor their providers for
compliance with the applicable sections and subsections contained
in Divisions 2 - 3 of this subchapter; and
(4) providers of mental health case management or mental
health rehabilitative services to comply with §412.311(e) of
this title (relating to Leadership), §412.312 of this title
(relating to Environment of Care and Safety), §412.313 of this
title (relating to Rights and Protection), §412.314(e) of this
title (relating to Access to Mental Health Community Services), §412.315
of this title (relating to Medical Records System), and §412.316
of this title (relating to Competency and Credentialing), contained
in Division 2 of this subchapter, and with all the sections in Division
3 of this subchapter.
(b) Providers must comply with the department's Utilization Management Guidelines, which
are incorporated by reference, if contractually obligated to provide
any mental health community services, including mental health rehabilitative,
mental health case management, supported housing, supported employment,
or Assertive Community Treatment (ACT). The department is responsible
for monitoring compliance by providers that contract with the department
and the LMHA and MCO are responsible for requiring and monitoring
compliance of providers in their networks.
|
| Source Note: The provisions of this §301.305 adopted to be effective April 29, 2009, 34 TexReg 2603; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1237 |
