SECTION 301.325. Rights and Protection

(a) Non-coercive policy. The LMHA, MCO, and provider must ensure that an individual's refusal of a particular mental health community service (e.g., psychoactive medication) does not preclude the individual from accessing other medically necessary mental health community services.

(b) Non-discrimination. The LMHA, MCO, and provider may not unlawfully discriminate against any individual based on race, color, national origin, religion, sex, age, or disability. The LMHA and MCO and provider may not deny medically necessary mental health community services based on an individual's sexual orientation or political affiliation.

(c) Initial and ongoing eligibility. In determining an individual's initial and ongoing eligibility for any service, an LMHA, MCO, and provider may not exclude an individual based on the following factors:

(1) the individual's past or present mental illness or substance use diagnosis or services;

(2) the individual's past or present involvement in the criminal or juvenile justice system;

(3) medications prescribed to the individual in the past or present;

(4) the presumption of the individual's inability to benefit from treatment;

(5) the individual's use or continued use of alcohol, tobacco, or other drugs; or

(6) the individual's level of success in prior treatment episodes.

(d) Protection against abuse, neglect, and exploitation. The LMHA, MCO, and provider must comply with the requirements described in Chapter 414, Subchapter L of this title (relating to Abuse, Neglect, and Exploitation in Local Authorities and Community Centers).

(e) Dignity and rights. The LMHA, MCO, and provider must implement procedures that address the rights of individuals in compliance with applicable state and federal laws, regulations, and department rules described in Chapter 404, Subchapter E of this title (relating to Rights of Persons Receiving Mental Health Services), and must provide individuals the right to choose from the list of providers within the LMHA's or MCO's network if there is more than one provider available.

(f) Charges for mental health community services. The LMHA and MCO and provider must comply with all applicable federal and state laws and department rules described in Chapter 412, Subchapter C of this title (relating to Charges for Community Services) regarding the establishment of charges and the collection of fees for the provision of mental health community services.

(g) Confidentiality. The LMHA and MCO and provider must comply with all applicable federal and state laws, rules, and regulations governing confidentiality of identifying information of individuals with mental illness and/or substance use disorders, including those described in Chapter 414, Subchapter A of this title (relating to Protected Health Information) and 42 Code of Federal Regulations (CFR) Part 2 (Confidentiality of Alcohol and Drug Abuse Patient Records).

(h) Research. If the LMHA or MCO or provider conducts research, then the research must be conducted in accordance with applicable state and federal laws, rules, and regulations, including 45 CFR Part 46 (Protection of Human Subjects).

Source Note: The provisions of this §301.325 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