SECTION 307.219. Local Mental Health Authority and Local Behavioral Health Authority Requirements  


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  • (a) The LMHA or LBHA must not require an LAR to contact DFPS to initiate a referral to the RTC Project in accordance with Texas Family Code §262.353.

    (b) The LMHA or LBHA must designate a staff person as an RTC Project liaison responsible for receiving and submitting referrals to the RTC Project.

    (c) The LMHA or LBHA must assign a case manager after the child is determined eligible for the RTC Project. The LMHA or LBHA case manager must:

    (1) offer the child services at the appropriate level of care indicated by the eligibility assessment, including referrals to community resources as appropriate;

    (2) offer the child's LAR Certified Family Partner services, as defined in §306.305 of this title (relating to Definitions);

    (3) assist the child's LAR in applying for Medicaid or Medicaid Buy-In;

    (4) assist the child's LAR with completing the application packet after determined eligible for the RTC Project;

    (5) as part of the application packet, assist the child's LAR with obtaining either a psychiatric evaluation, psychosocial assessment, or psychological evaluation of the child that includes a mental health diagnosis, if one has not been completed within the past year or if it is not available. The mental health diagnosis must be determined by a professional authorized to make the determination within the scope of their Texas state license, permit, or other certification;

    (6) enroll the child in an RTC level of care, provided in the Utilization Management Guidelines and Manual posted on the HHSC website after the child's admission to the RTC;

    (7) attend service planning team meetings conducted by the RTC contractor;

    (8) submit monthly progress reports to the RTC Project team;

    (9) attend the child's discharge planning meeting conducted by the RTC contractor;

    (10) schedule a discharge follow-up appointment with the child and family after the child's discharge from the RTC; and

    (11) schedule a child's appointment with a physician, or designee authorized by Texas state law, to prescribe medications after the child's discharge from the RTC.

Source Note: The provisions of this §307.219 adopted to be effective April 10, 2023, 48 TexReg 1829