| (a) This subchapter applies to:
(1) a state mental health facility (SMHF);
(2) a facility with a contracted psychiatric bed (CPB);
(3) a local mental health authority (LMHA) or a local
behavioral health authority (LBHA);
(4) an LMHA or LBHA with a local service area that
is served by a managed care organization (MCO), to the extent the
contract between the Health and Human Services Commission (HHSC) and
the LMHA or LBHA requires compliance with one or more provisions of
this subchapter; and
(5) an MCO, as required by the managed care contracts
between HHSC and the MCO for delivery of Medicaid and CHIP managed
care products.
(b) Responsibility for Compliance. An LMHA or LBHA:
(1) must require by contract with providers in its
network, that the providers comply with Division 2 of this subchapter
(relating to Screening and Assessment for Crisis Services and Admission
into Local Mental Health Authority or Local Behavioral Health Authority
Services--Local Mental Health Authority or Local Behavioral Health
Authority Responsibilities) and Division 3 of this subchapter (relating
to Admission to a State Mental Health Facility or a Facility with
a Contracted Psychiatric Bed--Provider Responsibilities); and
(2) must monitor its providers for compliance with
the contract and the requirements in Division 2 and Division 3 of
this subchapter.
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