SECTION 306.152. Application and Responsibility for Compliance

(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.

Source Note: The provisions of this §306.152 adopted to be effective May 20, 2020, 45 TexReg 3301