SECTION 87.411. Referrals to Other HHS Offices or Other Entities

(a) If a consumer, the consumer's LAR, or a health care provider contacts OBH seeking information or wishing to complain about an HHS program other than behavioral health, the consumer, the consumer's LAR, or the health care provider is transferred to OO staff that handle complaints regarding those programs. OBH staff inform the consumer, the consumer's LAR, or the health care provider of this referral and document it in the HEART system.

(b) A resident of a state supported living center (SSLC), the consumer's LAR, or a health care provider is referred to the Office of the Independent Ombudsman for SSLCs established by Texas Health and Safety Code Subchapter C of Chapter 555. OBH staff inform the consumer, the consumer's LAR, or the health care provider of this referral and document it in the HEART system.

(c) A consumer, the consumer's LAR, or a health care provider seeking to complain about treatment of a substance use disorder at a facility regulated by the HHSC Regulatory Services Division or seeking to complain about inappropriate commitment at a facility regulated by the HHSC Regulatory Services Division is transferred to staff in that division. OBH staff inform the consumer, the consumer's LAR, or the health care provider of this referral and document it in the HEART system.

(d) A referral is made to the IDD Ombudsman for a consumer receiving IDD services in the community through Home and Community-based Services or the Texas Home Living Program, a consumer receiving services from a local IDD authority, or the LAR or health care provider of one of these consumers. OBH staff inform the consumer, the consumer's LAR, or the health care provider of this referral and document it in the HEART system.

(e) A consumer presenting with concerns of imminent threat to the health or safety of the consumer or others is conferenced with LBHA or LMHA crisis services or local law enforcement. OBH staff stay connected with the consumer until crisis services are obtained. OBH staff document the referral in the HEART system.

(f) A contact that relates to interstate transfer of a consumer in need of behavioral health services is referred to the HHSC Emergency Services Program's Repatriation Program. OBH staff inform the consumer, the consumer's LAR, or a health care provider of this referral and document it in the HEART system.

(g) A contact where a consumer, the consumer's LAR, or a health care provider alleges a Health Insurance Portability and Accountability Act violation by state hospital staff is referred to the HHSC Privacy Office. A contact where a consumer, the consumer's LAR, or the health care provider alleges a HIPAA violation by an LBHA or LMHA staff is referred to the LBHA's or LMHA's contract manager within HHSC's IDD-Behavioral Health Services Department. OBH staff inform the consumer, the consumer's LAR, or the health care provider of the referral and document it in the HEART system.

Source Note: The provisions of this §87.411 adopted to be effective January 10, 2019, 44 TexReg 252; amended to be effective December 21, 2022, 47 TexReg 8273