Information Item K

RELEVANT RULES GRID

For Providers of Local Authorities

Base Rules
The local authority must describe the procedures for each provider to follow in order for the provider to comply with the following base rules.
1.Protected Health Information (25 TAC, 414-A)
2.Rights rules:
Rights of Persons Receiving Mental Health Services (25 TAC, 404-E)
3.Charges for Community Services (25 TAC, 412-C)
4.Deaths of Persons Served by TDMHMR Facilities or CommunityMHMRCenters (25 TAC, 405-K)
5.Abuse, Neglect, and Exploitation rules:
Abuse, Neglect, and Exploitation in Local Authorities and Community Centers (25 TAC, 414-L)
Investigations in TDMHMR Facilities and Related Programs (40 TAC, Chapter 711)
6.Notification and Appeals Process (25 TAC, §401.464)
7.Provider Network Development (25 TAC, §412-P)

"Provider" means any person or entity that contracts with the local authority to provide mental health or mental retardation community services to consumers or the part of the local authority directly providing the community services to consumers. The term also includes any person or entity that is providing a Medicaid-reimbursed mental health or mental retardation service under contract with the local authority being the Medicaid provider of that service.

The following charts identify the services (left column) described in the performance contract next to the relevant rules (right column) for which the provider must comply. The term "especially" is sometimes used when referencing a particular section or sections of a relevant subchapter. The section(s) listed after the term "especially" means that the section(s) is particularly relevant to the service being identified in the left column. For example, under adult MH services, the left column identifies the service "assessment" and the right column lists "MH Community Standards (412-G)" as a relevant rule for which the provider must comply. It also states "especially §412.314 and §412.315(a)." The main reference to "MH community Standards (412-G)" means that the provider must comply with all applicable sections and subsections in 25 TAC Chapter 412, Subchapter G. The secondary reference to "especially §412.314 and §412.315(a)," means that §412.314 and §412.315(a) are particularly relevant to assessments.

Adult Mental Health Services

Adult MH Service / Relevant Rules for Provider
Crisis Hotline / MH Community Standards (412-G) – especially §412.310(f)-(i)
Outreach / MH Community Standards (412-G)
Screenings / MH Community Standards (412-G)
Crisis Services / MH Community Standards (412-G) – especially §412.310(f)-(i) & §412.314
Pre-admission Assessment / MH Community Standards (412-G) – especially §412.314 & §412.315(a)
Routine Case Management / This service may not be contracted out.
MH Case Management (412-I)
Outpatient Services:
Treatment Planning / MH Community Standards (412-G) – especially §412.315(b) & (c)
Consumer Peer Support / MH Community Standards (412-G) – especially §412.307(d)
Rehabilitative Counseling and Psychotherapy / MH Community Standards (412-G)
Respite Services / MH Community Standards (412-G)
Medication-Related Services:
Medication Administration / MH Community Standards (412-G)
Prescribing Pscychoactive Meds (415-A)
Medication Monitoring / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
Medication Training / MH Community Standards (412-G)
Prescribing Psychoactive Meds (or 415-A)
Pharmacological Management / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
Rehabilitation Services:
Mental Health
Rehabilitation Services / MH Community Services Standards (412-G) - especially §412.317; and Medicaid Rehabilitative Service (419-L)
Best Practices:
Supported Employment / MH Community Standards (412-G) - especially §412.318
Supported Housing / MH Community Standards (412-G) - especially §412.319
ACT / MH Community Standards (412-G) - especially §412.320
ACT Alternative / MH Community Standards (412-G)
Acute Services:
Inpatient Services / Psychiatric Hospitals (411-J)
Interventions - MH (415-F)
Consent to Meds (414-I)
MH Rights (404-E) - especially §404.157, §404.166, & §404.167
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
Acute Day Treatment / MH Community Standards (412-G) - especially §412.314(a) & (d) & §412.317
Intensive Crisis Residential / Criminal History and Registry Clearances (414-K)
For locked units:
Psychiatric Hospitals (411-J)
Interventions - MH (415-F)
Consent to Meds (414-I)
MH Rights (404-E) – especially §404.157, §404.160, §404.166, & §404.167
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
if CSU: CSU (411-M)
For unlocked units:
MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
MH Rights (404-E) – especially §404.155
TDMHMR Drug Formulary (415-C)
Residential Treatment / Criminal History and Registry Clearances (414-K)
MH Community Standards (412-G) – especially §412.317
Assisted Living / Criminal History and Registry Clearances (414-K)
MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
Adult Foster Care / Criminal History and Registry Clearances (414-K)
MH Community Standards (412-G)
Other Residential under the auspices of the MHA / Criminal History and Registry Clearances (414-K)
MH Community Standards (412-G)
Mental Health Rehabilitative Services (Medicaid) / Mental Health Rehabilitative Services (419-L)

Children’s Mental Health Services

Children’s MH Service / Relevant Rules for Provider
Crisis Hotline / MH Community Standards (412-G) – especially §412.310(g)
Outreach / MH Community Standards (412-G)
Screenings / MH Community Standards (412-G)
Crisis Services / MH Community Standards (412-G) – especially §412.310(f)-(i), §412.314, &§412.316
Pre-admission Assessment / MH Community Standards (412-G) – especially §412.314 & §412.315(a)
Routine Case Management / This service may not be contracted out.
MH Case Management (412-I)
Intensive Case Management / This service may not be contracted out.
MH Case Management (412-I)
Treatment Planning / MH Community Standards (412-G) – especially §412.315(b)&(c) & §412.316
Counseling / MH Community Standards (412-G) – especially §412.316
Skills Training / MH Community Standards (412-G) – especially §412.316 & §412.317
Family Training / MH Community Standards (412-G)
Medication-Related Services:
Medication Administration / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
Medication Monitoring / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
Medication Training / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
Pharmacological Management / MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
Respite Services / MH Community Standards (412-G)
Intensive Crisis Residential / Criminal History and Registry Clearances (414-K)
MH Community Standards (412-G) – especially §412.316
For locked units:
Psychiatric Hospitals (411-J)
Interventions - MH (415-F)
Consent to Meds (414-I)
MH Rights (404-E) – especially §404.157, §404.160, §404.166, & §404.167
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
For unlocked units:
MH Community Standards (412-G)
Prescribing Psychoactive Meds (415-A)
MH Rights (404-E) – especially §404.155
TDMHMR Drug Formulary (415-C)
Inpatient Services / Psychiatric Hospitals (411-J)
MH Community Standards (412-G) – especially §412.316
Interventions – MH (415-F)
Consent to Psychoactive Meds (414-I)
MH Rights (404-E) – especially §404.157, §404.160, §404.166, & §404.167
Prescribing Psychoactive Meds (415-A)
TDMHMR Drug Formulary (415-C)
Multi-Systemic Therapy / This service may not be contracted out.
MH Community Standards (412-G) – especially §412.316
Treatment Foster Care / MH Community Standards (412-G) – especially §412.316
Mental Health Rehabilitative Services (Medicaid) / Mental Health Rehabilitative Services (419-L)

Additional Relevant Licensure Requirements and Rules

Additional licensure requirements and rules of other state agencies which may be applicable include but are not limited to:

for providers that serve food / Texas Department of State Health Services (DHSH) rules governing food service (25 TAC, Part 1, Chapter 229)
for hospitals / DSHS rules governing hospital licensure (25 TAC, Part 1, Chapters 133 or 134)
for institutions providing basic child care including institutions serving mentally retarded children, residential treatment centers, halfway houses, and therapeutic camps / Texas Department of Family and Protective Services rules governing general residential operations and residential treatment centers (40 TAC, Part 19, Chapter 748)
for facilities that provide food
and shelter to four or more persons who are unrelated to the proprietor of the facility, and provide personal care services / Texas Department of Aging and Disability Services rules regarding operation and licensure of assisted living facilities (Chapter 247 of the Health and Safety Code, and 40 TAC, Part 1, Chapter 92).

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