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Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-533-powers-and-duties

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 533. POWERS AND DUTIES

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the board and commissioner

as provided by Section 531.0055, Government Code. To the extent a

power or duty given to the board or commissioner by this title or

another law conflicts with Section 531.0055, Government Code,

Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1,

1999.

Sec. 533.001. GIFTS AND GRANTS. (a) The department may

negotiate with a federal agency to obtain grants to assist in

expanding and improving mental health and mental retardation

services in this state.

(b) The department may accept gifts and grants of money,

personal property, and real property to expand and improve the

mental health and mental retardation services available to the

people of this state.

(c) The department may accept gifts and grants of money,

personal property, and real property on behalf of a department

facility to expand and improve the mental health or mental

retardation services available at the facility.

(d) The department shall use a gift or grant made for a specific

purpose in accordance with the purpose expressly prescribed by

the donor. The department may decline the gift or grant if the

department determines that it cannot be economically used for

that purpose.

(e) The department shall keep a record of each gift or grant in

the department's central office in the city of Austin.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. The department

shall establish procedures to:

(1) promote more efficient use of public funds;

(2) ensure periodic review of department management and support

activities in order to:

(A) improve department operations;

(B) improve the determination of costs;

(C) increase department productivity; and

(D) remain competitive with the private sector; and

(3) ensure that the state not provide a service that is

available through the private sector unless the state can provide

the service at a lower cost.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.13, eff.

Sept. 1, 1997.

Sec. 533.003. USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL

AUTHORITIES AND COMMUNITY CENTERS. (a) To develop or expand a

volunteer program in a local mental health or mental retardation

authority or a community center, the department may allocate

available funds appropriated for providing volunteer services.

(b) The department shall develop formal policies that encourage

the growth and development of volunteer services in local mental

health or mental retardation authorities and community centers.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff.

Sept. 1, 1999.

Sec. 533.004. LIENS. (a) The department and each community

center has a lien to secure reimbursement for the cost of

providing support, maintenance, and treatment to a patient with

mental illness or client with mental retardation in an amount

equal to the amount of reimbursement sought.

(b) The amount of the reimbursement sought may not exceed:

(1) the amount the department is authorized to charge under

Section 552.017 or under Subchapter D, Chapter 593, if the

patient or client received the services in a department facility;

or

(2) the amount the community center is authorized to charge

under Section 534.017 if the patient or client received the

services in a community center.

(c) The lien attaches to:

(1) all nonexempt real and personal property owned or later

acquired by the patient or client or by a person legally

responsible for the patient's or client's support;

(2) a judgment of a court in this state or a decision of a

public agency in a proceeding brought by or on behalf of the

patient or client to recover damages for an injury for which the

patient or client was admitted to a department facility or

community center; and

(3) the proceeds of a settlement of a cause of action or a claim

by the patient or client for an injury for which the patient or

client was admitted to a department facility or community center.

(d) To secure the lien, the department or community center must

file written notice of the lien with the county clerk of the

county in which:

(1) the patient or client, or the person legally responsible for

the patient's or client's support, owns property; or

(2) the patient or client received or is receiving services.

(e) The notice must contain:

(1) the name and address of the patient or client;

(2) the name and address of the person legally responsible for

the patient's or client's support, if applicable;

(3) the period during which the department facility or community

center provided services or a statement that services are

currently being provided; and

(4) the name and location of the department facility or

community center.

(f) Not later than the 31st day before the date on which the

department files the notice of the lien with the county clerk,

the department shall notify by certified mail the patient or

client and the person legally responsible for the patient's or

client's support. The notice must contain a copy of the charges,

the statutory procedures relating to filing a lien, and the

procedures to contest the charges. The board by rule shall

prescribe the procedures to contest the charges.

(g) The county clerk shall record on the written notice the name

of the patient or client, the name and address of the department

facility or community center, and, if requested by the person

filing the lien, the name of the person legally responsible for

the patient's or client's support. The clerk shall index the

notice record in the name of the patient or client and, if

requested by the person filing the lien, in the name of the

person legally responsible for the patient's or client's support.

(h) The notice record must include an attachment that contains

an account of the charges made by the department facility or

community center and the amount due to the facility or center.

The superintendent or director of the facility or center must

swear to the validity of the account. The account is presumed to

be correct, and in a suit to cancel the debt and discharge the

lien or to foreclose on the lien, the account is sufficient

evidence to authorize a court to render a judgment for the

facility or center.

(i) To discharge the lien, the superintendent or director of the

department facility or community center or a claims

representative of the facility or center must execute and file

with the county clerk of the county in which the lien notice is

filed a certificate stating that the debt covered by the lien has

been paid, settled, or released and authorizing the clerk to

discharge the lien. The county clerk shall record a memorandum of

the certificate and the date on which it is filed. The filing of

the certificate and recording of the memorandum discharge the

lien.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.005. EASEMENTS. The department may grant a temporary

or permanent easement or right-of-way on land held by the

department. The department must grant an easement or right-of-way

on terms and conditions the department considers to be in the

state's best interest.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff.

June 18, 1999.

Sec. 533.006. REPORTING OF ALLEGATIONS AGAINST PHYSICIAN. (a)

The department shall report to the Texas State Board of Medical

Examiners any allegation received by the department that a

physician employed by or under contract with the department has

committed an action that constitutes a ground for the denial or

revocation of the physician's license under Section 164.051,

Occupations Code. The report must be made in the manner provided

by Section 154.051, Occupations Code.

(b) The department shall provide to the Texas State Board of

Medical Examiners a copy of any report or finding relating to an

investigation of an allegation reported to that board.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.801,

eff. Sept. 1, 2001.

Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;

CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The department, a

local mental health or mental retardation authority, or a

community center may deny employment or volunteer status to an

applicant if:

(1) the department, authority, or community center determines

that the applicant's criminal history record information

indicates that the person is not qualified or suitable; or

(2) the applicant fails to provide a complete set of

fingerprints if the department establishes that method of

obtaining criminal history record information.

(b) The board shall adopt rules relating to the use of

information obtained under this section, including rules that

prohibit an adverse personnel action based on arrest warrant or

wanted persons information received by the department.

(c) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993.

(d) Relettered as subsection (a) by Laws 1999, 76th Leg., ch.

1209, Sec. 4, eff. Sept. 1, 1999.

(e) to (h) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec.

46(26), eff. Sept. 1, 1993.

(i) Relettered as subsection (b) by Laws 1999, 76th Leg., ch.

1209, eff. Sept. 1, 1999.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept.

1, 1999.

Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The department,

a local mental health or mental retardation authority, or a

community center may exchange with one another the employment

records of an employee or former employee who applies for

employment at the department, authority, or community center.

Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff.

Sept. 1, 1999.

Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

MENTAL ILLNESS AND MENTAL RETARDATION. (a) Each department

facility and community center shall annually assess the

feasibility of converting entry level support positions into

employment opportunities for individuals with mental illness and

mental retardation in the facility's or center's service area.

(b) In making the assessment, the department facility or

community center shall consider the feasibility of using an array

of job opportunities that may lead to competitive employment,

including sheltered employment and supported employment.

(c) Each department facility and community center shall annually

submit to the department a report showing that the facility or

center has complied with Subsection (a).

(d) The department shall compile information from the reports

and shall make the information available to each designated

provider in a service area.

(e) Each department facility and community center shall ensure

that designated staff are trained to:

(1) assist clients through the Social Security Administration

disability determination process;

(2) provide clients and their families information related to

the Social Security Administration Work Incentive Provisions; and

(3) assist clients in accessing and utilizing the Social

Security Administration Work Incentive Provisions to finance

training, services, and supports needed to obtain career goals.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff.

Sept. 1, 1995.

Sec. 533.009. EXCHANGE OF PATIENT AND CLIENT RECORDS. (a)

Department facilities, local mental health or mental retardation

authorities, community centers, other designated providers, and

subcontractees of mental health and mental retardation services

are component parts of one service delivery system within which

patient or client records may be exchanged without the patient's

or client's consent.

(b) The board shall adopt rules to carry out the purposes of

this section.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff.

Sept. 1, 1999.

Sec. 533.0095. COLLECTION AND MAINTENANCE OF INFORMATION

REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a)

The executive commissioner of the Health and Human Services

Commission by rule shall require the department to collect

information and maintain current records regarding a person found

not guilty of an offense by reason of insanity under Chapter 46C,

Code of Criminal Procedure, who is:

(1) ordered by a court to receive inpatient mental health

services under Chapter 574 or under Chapter 46C, Code of Criminal

Procedure;

(2) committed by a court for long-term placement in a

residential care facility under Chapter 593 or under Chapter 46C,

Code of Criminal Procedure; or

(3) ordered by a court to receive outpatient or community-based

treatment and supervision.

(b) Information maintained by the department under this section

must include the name and address of any facility to which the

person is committed, the length of the person's commitment to the

facility, and any post-release outcome.

(c) The department shall file annually with the presiding

officer of each house of the legislature a written report

containing the name of each person described by Subsection (a),

the name and address of any facility to which the person is

committed, the length of the person's commitment to the facility,

and any post-release outcome.

Added by Acts 2005, 79th Leg., Ch.

831, Sec. 3, eff. September 1, 2005.

Sec. 533.010. INFORMATION RELATING TO PATIENT'S CONDITION. (a)

A person, including a hospital, sanitarium, nursing or rest home,

medical society, or other organization, may provide to the

department or a medical organization, hospital, or hospital

committee any information, including interviews, reports,

statements, or memoranda relating to a person's condition and

treatment for use in a study to reduce mental disorders and

mental disabilities.

(b) The department or a medical organization, hospital, or

hospital committee receiving the information may use or publish

the information only to advance mental health and mental

retardation research and education in order to reduce mental

disorders and mental disabilities. A summary of the study may be

released for general publication.

(c) The identity of a person whose condition or treatment is

studied is confidential and may not be revealed under any

circumstances. Information provided under this section and any

finding or conclusion resulting from the study is privileged

information.

(d) A person is not liable for damages or other relief if the

person:

(1) provides information under this section;

(2) releases or publishes the findings and conclusions of the

person or organization to advance mental health and mental

retardation research and education; or

(3) releases or publishes generally a summary of a study.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.011. RETURN OF PERSON WITH MENTAL RETARDATION TO STATE

OF RESIDENCE. (a) The department may return a nonresident

person with mental retardation who is committed to a facility for

persons with mental retardation in this state to the proper

agency of the person's state of residence.

(b) The department may permit the return of a resident of this

state who is committed to a facility for persons with mental

retardation in another state.

(c) The department may enter into reciprocal agreements with the

proper agencies of other states to facilitate the return of

persons committed to facilities for persons with mental

retardation in this state or another state to the state of their

residence.

(d) The superintendent of a department facility for persons with

mental retardation may detain for not more than 96 hours pending

a court order in a commitment proceeding in this state a person

with mental retardation returned to this state.

(e) The state returning a person with mental retardation to

another state shall bear the expenses of returning the person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the

department's request, all state departments, agencies, officers,

and employees shall cooperate with the department in activities

that are consistent with their functions.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.03, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The

department shall enter into an agreement with the Texas

Rehabilitation Commission that defines the roles and

responsibilities of the department and the commission regarding

the agencies' shared client populations. The agreement must

establish methods to prevent the duplication and fragmentation of

employment services provided by the agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 4, eff. Sept. 1,

1999.

Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES

IN MAKING TREATMENT RECOMMENDATIONS. (a) The board shall adopt

rules that:

(1) relate to the responsibility of the local mental health

authorities to make recommendations relating to the most

appropriate and available treatment alternatives for individuals

in need of mental health services, including individuals who are

in contact with the criminal justice system and individuals

detained in local jails and juvenile detention facilities;

(2) govern commitments to a local mental health authority;

(3) govern transfers of patients that involve a local mental

health authority; and

(4) provide for emergency admission to a department mental

health facility if obtaining approval from the authority could

result in a delay that might endanger the patient or others.

(b) The board's first consideration in developing rules under

this section must be to satisfy individual patient treatment

needs in the most appropriate setting. The board shall also

consider reducing patient inconvenience resulting from admissions

and transfers between providers.

(c) The department shall notify each judge who has probate

jurisdiction in the service area and any other person the local

mental health authority considers necessary of the responsibility

of the local mental health authority to make recommendations

relating to the most appropriate and available treatment

alternatives and the procedures required in the area.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug.

30, 1993; Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.

Sec. 533.015. UNANNOUNCED INSPECTIONS. The department may make

any inspection of a facility or program under the department's

jurisdiction without announcing the inspection.

Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28,

1995.

Sec. 533.016. CERTAIN PROCUREMENTS OF GOODS AND SERVICES BY

SERVICE PROVIDERS. (a) A state agency, local agency, local

mental health authority, or local mental retardation authority

that expends public money to acquire goods or services in

connection with providing or coordinating the provision of mental

health or mental retardation services may satisfy the

requirements of any state law requiring procurements by

competitive bidding or competitive sealed proposals by procuring

goods or services with the public money in accordance with

Section 533.017 or in accordance with:

(1) Section 2155.144, Government Code, if the entity is a state

agency subject to that law;

(2) Section 32.043 or 32.044, Human Resources Code, if the

entity is a public hospital subject to those laws; or

(3) this section, if the entity is not covered by Subdivision

(1) or (2).

(b) An agency or authority under Subsection (a)(3) may acquire

goods or services by any procurement method that provides the

best value to the agency or authority. The agency or authority

shall document that the agency or authority considered all

relevant factors under Subsection (c) in making the acquisition.

(c) Subject to Subsection (d), the agency or authority may

consider all relevant factors in determining the best value,

including:

(1) any installation costs;

(2) the delivery terms;

(3) the quality and reliability of the vendor's goods or

services;

(4) the extent to which the goods or services meet the agency's

or authority's needs;

(5) indicators of probable vendor performance under the contract

such as past vendor performance, the vendor's financial resources

and ability to perform, the vendor's experience and

responsibility, and the vendor's ability to provide reliable

maintenance agreements;

(6) the impact on the ability of the agency or authority to

comply with laws and rules relating to historically underutilized

businesses or relating to the procurement of goods and services

from persons with disabilities;

(7) the total long-term cost to the agency or authority of

acquiring the vendor's goods or services;

(8) the cost of any employee training associated with the

acquisition;

(9) the effect of an acquisition on the agency's or authority's

productivity;

(10) the acquisition price; and

(11) any other factor relevant to determining the best value for

the agency or authority in the context of a particular

acquisition.

(d) If a state agency to which this section applies acquires

goods or services with a value that exceeds $100,000, the state

agency shall consult with and receive approval from the Health

and Human Services Commission before considering factors other

than price and meeting specifications.

(e) The state auditor or the department may audit the agency's

or authority's acquisitions of goods and services under this

section to the extent state money or federal money appropriated

by the state is used to make the acquisitions.

(f) The agency or authority may adopt rules and procedures for

the acquisition of goods and services under this section.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.017. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS

OR GROUP PURCHASING PROGRAM. The department may allow a state

agency, local agency, local mental health authority, or local

mental retardation authority that expends public money to

purchase goods or services in connection with providing or

coordinating the provision of mental health or mental retardation

services to purchase goods or services with the public money by

participating in:

(1) a contract the department has made to purchase goods or

services; or

(2) a group purchasing program established or designated by the

department that offers discounts to providers of mental health or

mental retardation services.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.018. SPECIAL OLYMPICS TEXAS ACCOUNT. (a) The Texas

Department of Mental Health and Mental Retardation Special

Olympics Texas account is a separate account in the general

revenue fund. The account is composed of money deposited to the

credit of the account under Section 502.2922, Transportation

Code. Money in the account may be used only for the purposes of

this section.

(b) The department administers the account. Annually, the

department shall distribute the money deposited to the credit of

the account to Special Olympics Texas to be used only to pay for

costs associated with training and with area and regional

competitions of the Special Olympics Texas.

Added by Acts 2001, 77th Leg., ch. 475, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES

Sec. 533.031. DEFINITIONS. In this subchapter:

(1) "Elderly resident" means a person 65 years of age or older

residing in a department facility.

(2) "Extended care unit" means a residential unit in a

department facility that contains patients with chronic mental

illness who require long-term care, maintenance, limited

programming, and constant supervision.

(3) "Transitional living unit" means a residential unit that is

designed for the primary purpose of facilitating the return of

hard-to-place psychiatric patients with chronic mental illness

from acute care units to the community through an array of

services appropriate for those patients.

(4) "Commission" means the Health and Human Services Commission.

(5) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(6) "ICF-MR and related waiver programs" includes ICF-MR Section

1915(c) waiver programs, home and community-based services, Texas

home living waiver services, or another Medicaid program serving

persons with mental retardation.

(7) "Section 1915(c) waiver program" means a federally funded

Medicaid program of the state that is authorized under Section

1915(c) of the federal Social Security Act (42 U.S.C. Section

1396n(c)).

(8) "Qualified service provider" means an entity that meets

requirements for service providers established by the executive

commissioner.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 1, eff. June 16, 2007.

Sec. 533.032. LONG-RANGE PLANNING. (a) The department shall

have a long-range plan covering at least six years that includes

at least the provisions required by Sections 531.022 and 531.023,

Government Code, and Chapter 2056, Government Code. The plan must

cover the provision of services in and policies for

state-operated institutions and ensure that the medical needs of

the most medically fragile persons the department serves are met.

(b) In developing the plan, the department shall:

(1) solicit input from:

(A) local authorities for mental health and mental retardation;

(B) community representatives;

(C) consumers of mental health and mental retardation services,

including consumers of campus-based and community-based services,

and family members of consumers of those services; and

(D) other interested persons; and

(2) consider the report developed under Subsection (c).

(c) The department shall develop a report containing information

and recommendations regarding the most efficient long-term use

and management of the department's campus-based facilities. The

report must:

(1) project future bed requirements for state schools and state

hospitals;

(2) document the methodology used to develop the projection of

future bed requirements;

(3) project maintenance costs for institutional facilities;

(4) recommend strategies to maximize the use of institutional

facilities; and

(5) specify how each state school and state hospital will:

(A) serve and support the communities and consumers in its

service area; and

(B) fulfill statewide needs for specialized services.

(d) In developing the report under Subsection (c), the

department shall:

(1) conduct two public meetings, one meeting to be held at the

beginning of the process and the second meeting to be held at the

end of the process, to receive comments from interested parties;

and

(2) consider:

(A) the medical needs of the most medically fragile of its

clients;

(B) the provision of services to clients with severe and

profound mental retardation and to persons with mental

retardation who are medically fragile or have behavioral

problems;

(C) the program and service preference information collected

under Section 533.038; and

(D) input solicited from consumers of services of state schools

and state hospitals.

(e) The department shall develop a report analyzing state and

federally funded residential services for persons with mental

retardation. The report shall:

(1) determine any disparity in cost and quality outcomes

achieved between services provided in state-operated programs,

including but not limited to ICFs-MR and HCS, and the same or

comparable services provided by private sector providers; and

(2) identify and quantify the reasons for any disparity that

exists.

(f) The department, in preparing the report under Subsection

(e), shall obtain ongoing input from stakeholders, including

department staff, private providers, advocates, consumers, and

family members of consumers.

(g) The department shall:

(1) attach the reports required by Subsections (c) and (e) to

the department's legislative appropriations request for each

biennium;

(2) at the time the department presents its legislative

appropriations request, present the reports to the:

(A) governor;

(B) governor's budget office;

(C) lieutenant governor;

(D) speaker of the house of representatives;

(E) Legislative Budget Board; and

(F) Health and Human Services Commission; and

(3) update the department's long-range plan biennially and

include the reports in the plan.

(h) The department shall, in coordination with the Health and

Human Services Commission, evaluate the current and long-term

costs associated with serving inpatient psychiatric needs of

persons living in counties now served by at least three state

hospitals within 120 miles of one another. This evaluation shall

take into consideration the condition of the physical plants and

other long-term asset management issues associated with the

operation of the hospitals, as well as other issues associated

with quality psychiatric care. After such determination is made,

the Health and Human Services Commission shall begin to take

action to influence the utilization of these state hospitals in

order to ensure efficient service delivery.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 4, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(103), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1187, Sec. 5, eff. Sept.

1, 1999.

Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. The

board by rule shall establish criteria regarding the uses of the

department's campus-based facilities as part of a full continuum

of services.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1,

1999.

Sec. 533.033. DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH

SERVICES. (a) Consistent with the purposes and policies of this

subtitle, the commissioner biennially shall determine:

(1) the types of mental health services that can be most

economically and effectively provided at the community level for

persons exhibiting various forms of mental disability; and

(2) the types of mental health services that can be most

economically and effectively provided by department facilities.

(b) In the determination, the commissioner shall assess the

limits, if any, that should be placed on the duration of mental

health services provided at the community level or at a

department facility.

(c) The department biennially shall review the types of services

the department provides and shall determine if a community

provider can provide services of a comparable quality at a lower

cost than the department's costs.

(d) The commissioner's findings shall guide the department in

planning and administering services for persons with mental

illness.

(e) The commissioner shall report the commissioner's findings to

the legislature, the Legislative Budget Board, and the governor's

budget office with the department's biennial appropriations

request.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED

SERVICES. (a) The department may cooperate, negotiate, and

contract with local agencies, hospitals, private organizations

and foundations, community centers, physicians, and other persons

to plan, develop, and provide community-based mental health and

mental retardation services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.73, eff.

Sept. 1, 2003.

Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The

department by rule shall develop model program standards for

mental health and mental retardation services for use by each

state agency that provides or pays for mental health or mental

retardation services. The department shall provide the model

standards to each agency that provides mental health or mental

retardation services as identified by the Health and Human

Services Commission.

(b) Model standards developed under Subsection (a) must be

designed to improve the consistency of mental health and mental

retardation services provided by or through a state agency.

(c) Biennially the department shall review the model standards

developed under Subsection (a) and determine whether each

standard contributes effectively to the consistency of service

delivery by state agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY

CENTERS. (a) The department may transfer operations of and

services provided at the Amarillo State Center, Beaumont State

Center, and Laredo State Center to a community center established

under Chapter 534, including a newly established center providing

mental retardation services or mental health and mental

retardation services.

(b) The transfer may occur only on the department's approval of

a plan submitted in accordance with Section 534.001(d) or of an

amendment to a previously approved plan. In developing the plan

or plan amendment, the center or proposed center proposing to

accept the state center operation and service responsibilities

shall consider input from consumers of mental health and mental

retardation services and family members of and advocates for

those consumers, organizations that represent affected employees,

and other providers of mental health and mental retardation

services.

(c) The center or proposed center proposing to accept the state

center operation and service responsibilities shall publish

notice of the initial planning meeting regarding the content of

the plan or plan amendment and of the meeting to review the

content of the proposed plan or plan amendment before it is

submitted under Section 534.001(d). The notices must include the

time and location of the meeting. The notice of the meeting to

review the content of the plan or amendment must include

information regarding how to obtain a copy of the proposed plan

or amendment. The notices must be published not fewer than 30

days and not more than 90 days before the date set for the

meeting in a newspaper of general circulation in each county

containing any part of the proposed service area. If a county in

which notice is required to be published does not have a

newspaper of general circulation, the notices shall be published

in a newspaper of general circulation in the nearest county in

which a newspaper of general circulation is published.

(d) At the time the operations and services are transferred to

the community center, money supporting the cost of providing

operations and services at a state center shall be transferred to

the community center to ensure continuity of services.

(e) The Amarillo State Center is exempt from the requirements

listed in Subsections (b) and (c).

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.035. LOCAL MENTAL HEALTH AND MENTAL RETARDATION

AUTHORITIES. (a) The executive commissioner shall designate a

local mental health authority and a local mental retardation

authority in one or more local service areas. The executive

commissioner may delegate to the local authorities the authority

and responsibility of the executive commissioner, the commission,

or a department of the commission related to planning, policy

development, coordination, including coordination with criminal

justice entities, resource allocation, and resource development

for and oversight of mental health and mental retardation

services in the most appropriate and available setting to meet

individual needs in that service area. The executive

commissioner may designate a single entity as the local mental

health authority and the local mental retardation authority for a

service area.

(b) The department by contract or other method of allocation,

including a case-rate or capitated arrangement, may disburse to a

local mental health and mental retardation authority department

federal and department state funds to be spent in the local

service area for:

(1) community mental health and mental retardation services; and

(2) chemical dependency services for persons who are dually

diagnosed as having both chemical dependency and mental illness

or mental retardation.

(c) A local mental health and mental retardation authority, with

the approval of the Department of State Health Services or the

Department of Aging and Disability Services, or both, as

applicable, shall use the funds received under Subsection (b) to

ensure mental health, mental retardation, and chemical dependency

services are provided in the local service area. The local

authority shall consider public input, ultimate cost-benefit, and

client care issues to ensure consumer choice and the best use of

public money in:

(1) assembling a network of service providers;

(2) making recommendations relating to the most appropriate and

available treatment alternatives for individuals in need of

mental health or mental retardation services; and

(3) procuring services for a local service area, including a

request for proposal or open-enrollment procurement method.

(d) A local mental health and mental retardation authority shall

demonstrate to the department that the services that the

authority provides directly or through subcontractors and that

involve state funds comply with relevant state standards.

(e) Subject to Section 533.0358, in assembling a network of

service providers, a local mental health authority may serve as a

provider of services only as a provider of last resort and only

if the local authority demonstrates to the department in the

local authority's local network development plan that:

(1) the local authority has made every reasonable attempt to

solicit the development of an available and appropriate provider

base that is sufficient to meet the needs of consumers in its

service area; and

(2) there is not a willing provider of the relevant services in

the local authority's service area or in the county where the

provision of the services is needed.

(e-1) A local mental retardation authority may serve as a

provider of ICF-MR and related waiver programs only if:

(1) the local authority complies with the limitations prescribed

by Section 533.0355(d); or

(2) the ICF-MR and related waiver programs are necessary to

ensure the availability of services and the local authority

demonstrates to the commission that there is not a willing ICF-MR

and related waiver program qualified service provider in the

local authority's service area where the service is needed.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.03, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 8, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1209, Sec. 14, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 367, Sec. 3, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 198, Sec. 2.74, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 2, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 7, eff. June 16, 2007.

Sec. 533.0351. LOCAL AUTHORITY NETWORK ADVISORY COMMITTEE. (a)

The executive commissioner shall establish a local authority

network advisory committee to advise the executive commissioner

and the Department of State Health Services on technical and

administrative issues that directly affect local mental health

authority responsibilities.

(b) The committee is composed of equal numbers of

representatives of local mental health authorities, community

mental health service providers, private mental health service

providers, local government officials, advocates for individuals

with mental health needs, consumers of mental health services,

family members of individuals with mental health needs, and other

individuals with expertise in the field of mental health

appointed by the executive commissioner. In addition, the

executive commissioner may appoint facilitators to the committee

as necessary. In appointing the members, the executive

commissioner shall also ensure a balanced representation of:

(1) different regions of this state;

(2) rural and urban counties; and

(3) single-county and multicounty local mental health

authorities.

(c) Members appointed to the advisory committee must have some

knowledge of, familiarity with, or understanding of the

day-to-day operations of a local mental health authority.

(d) The advisory committee shall:

(1) review rules and proposed rules and participate in any

negotiated rulemaking process related to local mental health

authority operations;

(2) advise the executive commissioner and the Department of

State Health Services regarding evaluation and coordination of

initiatives related to local mental health authority operations;

(3) advise the executive commissioner and the Department of

State Health Services in developing a method of contracting with

local mental health authorities that will result in contracts

that are flexible and responsive to:

(A) the needs and services of local communities; and

(B) the department's performance expectations;

(4) coordinate with work groups whose actions may affect local

mental health authority operations;

(5) report to the executive commissioner and the Department of

State Health Services on the committee's activities and

recommendations at least once each fiscal quarter; and

(6) work with the executive commissioner or the Department of

State Health Services as the executive commissioner directs.

(e) For any written recommendation the committee makes to the

Department of State Health Services, the department shall provide

to the committee a written response regarding any action taken on

the recommendation or the reasons for the department's inaction

on the subject of the recommendation.

(f) The committee is subject to Chapter 2110, Government Code,

except that the committee is not subject to Section 2110.004 or

2110.008, Government Code. The committee is abolished on

September 1, 2017, unless the executive commissioner adopts a

rule continuing the committee in existence beyond that date.

(g) The Department of State Health Services may reimburse

consumers of mental health services and family members of

individuals with mental health needs appointed to the committee

for travel costs incurred in performing their duties as provided

in the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 8, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 79, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 3, eff. June 16, 2007.

Sec. 533.0352. LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA.

(a) Each local mental health or mental retardation authority

shall develop a local service area plan to maximize the

authority's services by using the best and most cost-effective

means of using federal, state, and local resources to meet the

needs of the local community according to the relative priority

of those needs. Each local mental health or mental retardation

authority shall undertake to maximize federal funding.

(b) A local service area plan must be consistent with the

purposes, goals, and policies stated in Section 531.001 and the

department's long-range plan developed under Section 533.032.

(c) The department and a local mental health or mental

retardation authority shall use the local authority's local

service plan as the basis for contracts between the department

and the local authority and for establishing the local

authority's responsibility for achieving outcomes related to the

needs and characteristics of the authority's local service area.

(d) In developing the local service area plan, the local mental

health or mental retardation authority shall:

(1) solicit information regarding community needs from:

(A) representatives of the local community;

(B) consumers of community-based mental health and mental

retardation services and members of the families of those

consumers;

(C) consumers of services of state schools for persons with

mental retardation, members of families of those consumers, and

members of state school volunteer services councils, if a state

school is located in the local service area of the local

authority; and

(D) other interested persons; and

(2) consider:

(A) criteria for assuring accountability for, cost-effectiveness

of, and relative value of service delivery options;

(B) goals to minimize the need for state hospital and community

hospital care;

(C) goals to ensure a client with mental retardation is placed

in the least restrictive environment appropriate to the person's

care;

(D) opportunities for innovation to ensure that the local

authority is communicating to all potential and incoming

consumers about the availability of services of state schools for

persons with mental retardation in the local service area of the

local authority;

(E) goals to divert consumers of services from the criminal

justice system;

(F) goals to ensure that a child with mental illness remains

with the child's parent or guardian as appropriate to the child's

care; and

(G) opportunities for innovation in services and service

delivery.

(e) The department and the local mental health or mental

retardation authority by contract shall enter into a performance

agreement that specifies required standard outcomes for the

programs administered by the local authority. Performance related

to the specified outcomes must be verifiable by the department.

The performance agreement must include measures related to the

outputs, costs, and units of service delivered. Information

regarding the outputs, costs, and units of service delivered

shall be recorded in the local authority's automated data

systems, and reports regarding the outputs, costs, and units of

service delivered shall be submitted to the department at least

annually as provided by department rule.

(f) The department and the local mental health or mental

retardation authority shall provide an opportunity for community

centers and advocacy groups to provide information or assistance

in developing the specified performance outcomes under Subsection

(e).

Added by Acts 2003, 78th Leg., ch. 358, Sec. 1, eff. June 18,

2003.

Renumbered from Health and Safety Code, Section 533.0354 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(52), eff. September 1, 2005.

Sec. 533.03521. LOCAL NETWORK DEVELOPMENT PLAN CREATION AND

APPROVAL. (a) A local mental health authority shall develop a

local network development plan regarding the configuration and

development of the local mental health authority's provider

network. The plan must reflect local needs and priorities and

maximize consumer choice and access to qualified service

providers.

(b) The local mental health authority shall submit the local

network development plan to the Department of State Health

Services for approval.

(c) On receipt of a local network development plan under this

section, the department shall review the plan to ensure that the

plan:

(1) complies with the criteria established by Section 533.0358

if the local mental health authority is providing services under

that section; and

(2) indicates that the local mental health authority is

reasonably attempting to solicit the development of a provider

base that is:

(A) available and appropriate; and

(B) sufficient to meet the needs of consumers in the local

authority's local service area.

(d) If the department determines that the local network

development plan complies with Subsection (c), the department

shall approve the plan.

(e) At least biennially, the department shall review a local

mental health authority's local network development plan and

determine whether the plan complies with Subsection (c).

(f) As part of a local network development plan, a local mental

health authority annually shall post on the local authority's

website a list of persons with whom the local authority had a

contract or agreement in effect during all or part of the

previous year, or on the date the list is posted, related to the

provision of mental health services.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 4, eff. June 16, 2007.

Sec. 533.0354. DISEASE MANAGEMENT PRACTICES AND JAIL DIVERSION

MEASURES OF LOCAL MENTAL HEALTH AUTHORITIES. (a) A local mental

health authority shall ensure the provision of assessment

services, crisis services, and intensive and comprehensive

services using disease management practices for adults with

bipolar disorder, schizophrenia, or clinically severe depression

and for children with serious emotional illnesses. The local

mental health authority shall ensure that individuals are engaged

with treatment services that are:

(1) ongoing and matched to the needs of the individual in type,

duration, and intensity;

(2) focused on a process of recovery designed to allow the

individual to progress through levels of service;

(3) guided by evidence-based protocols and a strength-based

paradigm of service; and

(4) monitored by a system that holds the local authority

accountable for specific outcomes, while allowing flexibility to

maximize local resources.

(b) The department shall require each local mental health

authority to incorporate jail diversion strategies into the

authority's disease management practices for managing adults with

schizophrenia and bipolar disorder to reduce the involvement of

those client populations with the criminal justice system.

(c) The department shall enter into performance contracts

between the department and each local mental health authority for

the fiscal years ending August 31, 2004, and August 31, 2005,

that specify measurable outcomes related to their success in

using disease management practices to meet the needs of the

target populations.

(d) The department shall study the implementation of disease

management practices, including the jail diversion measures, and

shall submit to the governor, the lieutenant governor, and the

speaker of the house of representatives a report on the progress

in implementing disease management practices and jail diversion

measures by local mental health authorities. The report must be

delivered not later than December 31, 2004, and must include

specific information on:

(1) the implementation of jail diversion measures undertaken;

and

(2) the effect of disparities in per capita funding levels among

local mental health authorities on the implementation and

effectiveness of disease management practices and jail diversion

measures.

(e) The department may use the fiscal year ending August 31,

2004, as a transition period for implementing the requirements of

Subsections (a)-(c).

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1,

2003.

Sec. 533.0355. LOCAL MENTAL RETARDATION AUTHORITY

RESPONSIBILITIES. (a) The executive commissioner shall adopt

rules establishing the roles and responsibilities of local mental

retardation authorities.

(b) In adopting rules under this section, the executive

commissioner must include rules regarding the following local

mental retardation authority responsibilities:

(1) access;

(2) intake;

(3) eligibility functions;

(4) enrollment, initial person-centered assessment, and service

authorization;

(5) utilization management;

(6) safety net functions, including crisis management services

and assistance in accessing facility-based care;

(7) service coordination functions;

(8) provision and oversight of state general revenue services;

(9) local planning functions, including stakeholder involvement,

technical assistance and training, and provider complaint and

resolution processes; and

(10) processes to assure accountability in performance,

compliance, and monitoring.

(c) In determining eligibility under Subsection (b)(3), a local

mental retardation authority must offer a state school as an

option among the residential services and other community living

options available to an individual who is eligible for those

services and who meets the department's criteria for state school

admission, regardless of whether other residential services are

available to the individual.

(d) In establishing a local mental retardation authority's role

as a qualified service provider of ICF-MR and related waiver

programs under Section 533.035(e-1), the executive commissioner

shall require the local mental retardation authority to:

(1) base the local authority's provider capacity on the local

authority's August 2004 enrollment levels for the waiver programs

the local authority operates and, if the local authority's

enrollment levels exceed those levels, to reduce the levels by

attrition; and

(2) base any increase in the local authority's provider capacity

on:

(A) the local authority's state-mandated conversion from an

ICF-MR program to a Section 1915(c) waiver program allowing for a

permanent increase in the local authority's provider capacity in

accordance with the number of persons who choose the local

authority as their provider;

(B) the local authority's voluntary conversion from an ICF-MR

program to a Section 1915(c) waiver program allowing for a

temporary increase in the local authority's provider capacity, to

be reduced by attrition, in accordance with the number of persons

who choose the local authority as their provider;

(C) the local authority's refinancing from services funded

solely by state general revenue to a Medicaid program allowing

for a temporary increase in the local authority's provider

capacity, to be reduced by attrition, in accordance with the

number of persons who choose the local authority as their

provider; or

(D) other extenuating circumstances that:

(i) are monitored and approved by the Department of Aging and

Disability Services;

(ii) do not include increases that unnecessarily promote the

local authority's provider role over its role as a local mental

retardation authority; and

(iii) may include increases necessary to accommodate a

family-specific or consumer-specific circumstance and choice.

(e) Any increase based on extenuating circumstances under

Subsection (d)(2)(D) is considered a temporary increase in the

local mental retardation authority's provider capacity, to be

reduced by attrition.

(f) At least biennially, the Department of Aging and Disability

Services shall review and determine the local mental retardation

authority's status as a qualified service provider in accordance

with criteria that includes the consideration of the local

authority's ability to assure the availability of services in its

area, including:

(1) program stability and viability;

(2) the number of other qualified service providers in the area;

and

(3) the geographical area in which the local authority is

located.

(g) The Department of Aging and Disability Services shall ensure

that local services delivered further the following goals:

(1) to provide individuals with the information, opportunities,

and support to make informed decisions regarding the services for

which the individual is eligible;

(2) to respect the rights, needs, and preferences of an

individual receiving services; and

(3) to integrate individuals with mental retardation and

developmental disabilities into the community in accordance with

relevant independence initiatives and permanency planning laws.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.76, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 5, eff. June 16, 2007.

Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In

this section, "commission" means the Texas Commission on Alcohol

and Drug Abuse.

(b) The department and the commission jointly may designate a

local behavioral health authority in a local service area to

provide mental health and chemical dependency services in that

area. The board and the commission may delegate to an authority

designated under this section the authority and responsibility

for planning, policy development, coordination, resource

allocation, and resource development for and oversight of mental

health and chemical dependency services in that service area. An

authority designated under this section has:

(1) all the responsibilities and duties of a local mental health

authority provided by Section 533.035 and by Subchapter B,

Chapter 534; and

(2) the responsibility and duty to ensure that chemical

dependency services are provided in the service area as described

by the statewide service delivery plan adopted under Section

461.0124.

(c) In the planning and implementation of services, the

authority shall give proportionate priority to mental health

services and chemical dependency services that ensures that funds

purchasing services are used in accordance with specific

regulatory and statutory requirements that govern the respective

funds.

(d) A local mental health authority may apply to the department

and commission for designation as a local behavioral health

authority.

(e) The department and commission, by contract or by a case-rate

or capitated arrangement or another method of allocation, may

disburse money, including federal money, to a local behavioral

health authority for services.

(f) A local behavioral health authority, with the approval of

the department or the commission as provided by contract, shall

use money received under Subsection (e) to ensure that mental

health and chemical dependency services are provided in the local

service area

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-533-powers-and-duties

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 533. POWERS AND DUTIES

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the board and commissioner

as provided by Section 531.0055, Government Code. To the extent a

power or duty given to the board or commissioner by this title or

another law conflicts with Section 531.0055, Government Code,

Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1,

1999.

Sec. 533.001. GIFTS AND GRANTS. (a) The department may

negotiate with a federal agency to obtain grants to assist in

expanding and improving mental health and mental retardation

services in this state.

(b) The department may accept gifts and grants of money,

personal property, and real property to expand and improve the

mental health and mental retardation services available to the

people of this state.

(c) The department may accept gifts and grants of money,

personal property, and real property on behalf of a department

facility to expand and improve the mental health or mental

retardation services available at the facility.

(d) The department shall use a gift or grant made for a specific

purpose in accordance with the purpose expressly prescribed by

the donor. The department may decline the gift or grant if the

department determines that it cannot be economically used for

that purpose.

(e) The department shall keep a record of each gift or grant in

the department's central office in the city of Austin.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. The department

shall establish procedures to:

(1) promote more efficient use of public funds;

(2) ensure periodic review of department management and support

activities in order to:

(A) improve department operations;

(B) improve the determination of costs;

(C) increase department productivity; and

(D) remain competitive with the private sector; and

(3) ensure that the state not provide a service that is

available through the private sector unless the state can provide

the service at a lower cost.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.13, eff.

Sept. 1, 1997.

Sec. 533.003. USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL

AUTHORITIES AND COMMUNITY CENTERS. (a) To develop or expand a

volunteer program in a local mental health or mental retardation

authority or a community center, the department may allocate

available funds appropriated for providing volunteer services.

(b) The department shall develop formal policies that encourage

the growth and development of volunteer services in local mental

health or mental retardation authorities and community centers.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff.

Sept. 1, 1999.

Sec. 533.004. LIENS. (a) The department and each community

center has a lien to secure reimbursement for the cost of

providing support, maintenance, and treatment to a patient with

mental illness or client with mental retardation in an amount

equal to the amount of reimbursement sought.

(b) The amount of the reimbursement sought may not exceed:

(1) the amount the department is authorized to charge under

Section 552.017 or under Subchapter D, Chapter 593, if the

patient or client received the services in a department facility;

or

(2) the amount the community center is authorized to charge

under Section 534.017 if the patient or client received the

services in a community center.

(c) The lien attaches to:

(1) all nonexempt real and personal property owned or later

acquired by the patient or client or by a person legally

responsible for the patient's or client's support;

(2) a judgment of a court in this state or a decision of a

public agency in a proceeding brought by or on behalf of the

patient or client to recover damages for an injury for which the

patient or client was admitted to a department facility or

community center; and

(3) the proceeds of a settlement of a cause of action or a claim

by the patient or client for an injury for which the patient or

client was admitted to a department facility or community center.

(d) To secure the lien, the department or community center must

file written notice of the lien with the county clerk of the

county in which:

(1) the patient or client, or the person legally responsible for

the patient's or client's support, owns property; or

(2) the patient or client received or is receiving services.

(e) The notice must contain:

(1) the name and address of the patient or client;

(2) the name and address of the person legally responsible for

the patient's or client's support, if applicable;

(3) the period during which the department facility or community

center provided services or a statement that services are

currently being provided; and

(4) the name and location of the department facility or

community center.

(f) Not later than the 31st day before the date on which the

department files the notice of the lien with the county clerk,

the department shall notify by certified mail the patient or

client and the person legally responsible for the patient's or

client's support. The notice must contain a copy of the charges,

the statutory procedures relating to filing a lien, and the

procedures to contest the charges. The board by rule shall

prescribe the procedures to contest the charges.

(g) The county clerk shall record on the written notice the name

of the patient or client, the name and address of the department

facility or community center, and, if requested by the person

filing the lien, the name of the person legally responsible for

the patient's or client's support. The clerk shall index the

notice record in the name of the patient or client and, if

requested by the person filing the lien, in the name of the

person legally responsible for the patient's or client's support.

(h) The notice record must include an attachment that contains

an account of the charges made by the department facility or

community center and the amount due to the facility or center.

The superintendent or director of the facility or center must

swear to the validity of the account. The account is presumed to

be correct, and in a suit to cancel the debt and discharge the

lien or to foreclose on the lien, the account is sufficient

evidence to authorize a court to render a judgment for the

facility or center.

(i) To discharge the lien, the superintendent or director of the

department facility or community center or a claims

representative of the facility or center must execute and file

with the county clerk of the county in which the lien notice is

filed a certificate stating that the debt covered by the lien has

been paid, settled, or released and authorizing the clerk to

discharge the lien. The county clerk shall record a memorandum of

the certificate and the date on which it is filed. The filing of

the certificate and recording of the memorandum discharge the

lien.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.005. EASEMENTS. The department may grant a temporary

or permanent easement or right-of-way on land held by the

department. The department must grant an easement or right-of-way

on terms and conditions the department considers to be in the

state's best interest.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff.

June 18, 1999.

Sec. 533.006. REPORTING OF ALLEGATIONS AGAINST PHYSICIAN. (a)

The department shall report to the Texas State Board of Medical

Examiners any allegation received by the department that a

physician employed by or under contract with the department has

committed an action that constitutes a ground for the denial or

revocation of the physician's license under Section 164.051,

Occupations Code. The report must be made in the manner provided

by Section 154.051, Occupations Code.

(b) The department shall provide to the Texas State Board of

Medical Examiners a copy of any report or finding relating to an

investigation of an allegation reported to that board.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.801,

eff. Sept. 1, 2001.

Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;

CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The department, a

local mental health or mental retardation authority, or a

community center may deny employment or volunteer status to an

applicant if:

(1) the department, authority, or community center determines

that the applicant's criminal history record information

indicates that the person is not qualified or suitable; or

(2) the applicant fails to provide a complete set of

fingerprints if the department establishes that method of

obtaining criminal history record information.

(b) The board shall adopt rules relating to the use of

information obtained under this section, including rules that

prohibit an adverse personnel action based on arrest warrant or

wanted persons information received by the department.

(c) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993.

(d) Relettered as subsection (a) by Laws 1999, 76th Leg., ch.

1209, Sec. 4, eff. Sept. 1, 1999.

(e) to (h) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec.

46(26), eff. Sept. 1, 1993.

(i) Relettered as subsection (b) by Laws 1999, 76th Leg., ch.

1209, eff. Sept. 1, 1999.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept.

1, 1999.

Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The department,

a local mental health or mental retardation authority, or a

community center may exchange with one another the employment

records of an employee or former employee who applies for

employment at the department, authority, or community center.

Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff.

Sept. 1, 1999.

Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

MENTAL ILLNESS AND MENTAL RETARDATION. (a) Each department

facility and community center shall annually assess the

feasibility of converting entry level support positions into

employment opportunities for individuals with mental illness and

mental retardation in the facility's or center's service area.

(b) In making the assessment, the department facility or

community center shall consider the feasibility of using an array

of job opportunities that may lead to competitive employment,

including sheltered employment and supported employment.

(c) Each department facility and community center shall annually

submit to the department a report showing that the facility or

center has complied with Subsection (a).

(d) The department shall compile information from the reports

and shall make the information available to each designated

provider in a service area.

(e) Each department facility and community center shall ensure

that designated staff are trained to:

(1) assist clients through the Social Security Administration

disability determination process;

(2) provide clients and their families information related to

the Social Security Administration Work Incentive Provisions; and

(3) assist clients in accessing and utilizing the Social

Security Administration Work Incentive Provisions to finance

training, services, and supports needed to obtain career goals.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff.

Sept. 1, 1995.

Sec. 533.009. EXCHANGE OF PATIENT AND CLIENT RECORDS. (a)

Department facilities, local mental health or mental retardation

authorities, community centers, other designated providers, and

subcontractees of mental health and mental retardation services

are component parts of one service delivery system within which

patient or client records may be exchanged without the patient's

or client's consent.

(b) The board shall adopt rules to carry out the purposes of

this section.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff.

Sept. 1, 1999.

Sec. 533.0095. COLLECTION AND MAINTENANCE OF INFORMATION

REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a)

The executive commissioner of the Health and Human Services

Commission by rule shall require the department to collect

information and maintain current records regarding a person found

not guilty of an offense by reason of insanity under Chapter 46C,

Code of Criminal Procedure, who is:

(1) ordered by a court to receive inpatient mental health

services under Chapter 574 or under Chapter 46C, Code of Criminal

Procedure;

(2) committed by a court for long-term placement in a

residential care facility under Chapter 593 or under Chapter 46C,

Code of Criminal Procedure; or

(3) ordered by a court to receive outpatient or community-based

treatment and supervision.

(b) Information maintained by the department under this section

must include the name and address of any facility to which the

person is committed, the length of the person's commitment to the

facility, and any post-release outcome.

(c) The department shall file annually with the presiding

officer of each house of the legislature a written report

containing the name of each person described by Subsection (a),

the name and address of any facility to which the person is

committed, the length of the person's commitment to the facility,

and any post-release outcome.

Added by Acts 2005, 79th Leg., Ch.

831, Sec. 3, eff. September 1, 2005.

Sec. 533.010. INFORMATION RELATING TO PATIENT'S CONDITION. (a)

A person, including a hospital, sanitarium, nursing or rest home,

medical society, or other organization, may provide to the

department or a medical organization, hospital, or hospital

committee any information, including interviews, reports,

statements, or memoranda relating to a person's condition and

treatment for use in a study to reduce mental disorders and

mental disabilities.

(b) The department or a medical organization, hospital, or

hospital committee receiving the information may use or publish

the information only to advance mental health and mental

retardation research and education in order to reduce mental

disorders and mental disabilities. A summary of the study may be

released for general publication.

(c) The identity of a person whose condition or treatment is

studied is confidential and may not be revealed under any

circumstances. Information provided under this section and any

finding or conclusion resulting from the study is privileged

information.

(d) A person is not liable for damages or other relief if the

person:

(1) provides information under this section;

(2) releases or publishes the findings and conclusions of the

person or organization to advance mental health and mental

retardation research and education; or

(3) releases or publishes generally a summary of a study.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.011. RETURN OF PERSON WITH MENTAL RETARDATION TO STATE

OF RESIDENCE. (a) The department may return a nonresident

person with mental retardation who is committed to a facility for

persons with mental retardation in this state to the proper

agency of the person's state of residence.

(b) The department may permit the return of a resident of this

state who is committed to a facility for persons with mental

retardation in another state.

(c) The department may enter into reciprocal agreements with the

proper agencies of other states to facilitate the return of

persons committed to facilities for persons with mental

retardation in this state or another state to the state of their

residence.

(d) The superintendent of a department facility for persons with

mental retardation may detain for not more than 96 hours pending

a court order in a commitment proceeding in this state a person

with mental retardation returned to this state.

(e) The state returning a person with mental retardation to

another state shall bear the expenses of returning the person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the

department's request, all state departments, agencies, officers,

and employees shall cooperate with the department in activities

that are consistent with their functions.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.03, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The

department shall enter into an agreement with the Texas

Rehabilitation Commission that defines the roles and

responsibilities of the department and the commission regarding

the agencies' shared client populations. The agreement must

establish methods to prevent the duplication and fragmentation of

employment services provided by the agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 4, eff. Sept. 1,

1999.

Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES

IN MAKING TREATMENT RECOMMENDATIONS. (a) The board shall adopt

rules that:

(1) relate to the responsibility of the local mental health

authorities to make recommendations relating to the most

appropriate and available treatment alternatives for individuals

in need of mental health services, including individuals who are

in contact with the criminal justice system and individuals

detained in local jails and juvenile detention facilities;

(2) govern commitments to a local mental health authority;

(3) govern transfers of patients that involve a local mental

health authority; and

(4) provide for emergency admission to a department mental

health facility if obtaining approval from the authority could

result in a delay that might endanger the patient or others.

(b) The board's first consideration in developing rules under

this section must be to satisfy individual patient treatment

needs in the most appropriate setting. The board shall also

consider reducing patient inconvenience resulting from admissions

and transfers between providers.

(c) The department shall notify each judge who has probate

jurisdiction in the service area and any other person the local

mental health authority considers necessary of the responsibility

of the local mental health authority to make recommendations

relating to the most appropriate and available treatment

alternatives and the procedures required in the area.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug.

30, 1993; Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.

Sec. 533.015. UNANNOUNCED INSPECTIONS. The department may make

any inspection of a facility or program under the department's

jurisdiction without announcing the inspection.

Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28,

1995.

Sec. 533.016. CERTAIN PROCUREMENTS OF GOODS AND SERVICES BY

SERVICE PROVIDERS. (a) A state agency, local agency, local

mental health authority, or local mental retardation authority

that expends public money to acquire goods or services in

connection with providing or coordinating the provision of mental

health or mental retardation services may satisfy the

requirements of any state law requiring procurements by

competitive bidding or competitive sealed proposals by procuring

goods or services with the public money in accordance with

Section 533.017 or in accordance with:

(1) Section 2155.144, Government Code, if the entity is a state

agency subject to that law;

(2) Section 32.043 or 32.044, Human Resources Code, if the

entity is a public hospital subject to those laws; or

(3) this section, if the entity is not covered by Subdivision

(1) or (2).

(b) An agency or authority under Subsection (a)(3) may acquire

goods or services by any procurement method that provides the

best value to the agency or authority. The agency or authority

shall document that the agency or authority considered all

relevant factors under Subsection (c) in making the acquisition.

(c) Subject to Subsection (d), the agency or authority may

consider all relevant factors in determining the best value,

including:

(1) any installation costs;

(2) the delivery terms;

(3) the quality and reliability of the vendor's goods or

services;

(4) the extent to which the goods or services meet the agency's

or authority's needs;

(5) indicators of probable vendor performance under the contract

such as past vendor performance, the vendor's financial resources

and ability to perform, the vendor's experience and

responsibility, and the vendor's ability to provide reliable

maintenance agreements;

(6) the impact on the ability of the agency or authority to

comply with laws and rules relating to historically underutilized

businesses or relating to the procurement of goods and services

from persons with disabilities;

(7) the total long-term cost to the agency or authority of

acquiring the vendor's goods or services;

(8) the cost of any employee training associated with the

acquisition;

(9) the effect of an acquisition on the agency's or authority's

productivity;

(10) the acquisition price; and

(11) any other factor relevant to determining the best value for

the agency or authority in the context of a particular

acquisition.

(d) If a state agency to which this section applies acquires

goods or services with a value that exceeds $100,000, the state

agency shall consult with and receive approval from the Health

and Human Services Commission before considering factors other

than price and meeting specifications.

(e) The state auditor or the department may audit the agency's

or authority's acquisitions of goods and services under this

section to the extent state money or federal money appropriated

by the state is used to make the acquisitions.

(f) The agency or authority may adopt rules and procedures for

the acquisition of goods and services under this section.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.017. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS

OR GROUP PURCHASING PROGRAM. The department may allow a state

agency, local agency, local mental health authority, or local

mental retardation authority that expends public money to

purchase goods or services in connection with providing or

coordinating the provision of mental health or mental retardation

services to purchase goods or services with the public money by

participating in:

(1) a contract the department has made to purchase goods or

services; or

(2) a group purchasing program established or designated by the

department that offers discounts to providers of mental health or

mental retardation services.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.018. SPECIAL OLYMPICS TEXAS ACCOUNT. (a) The Texas

Department of Mental Health and Mental Retardation Special

Olympics Texas account is a separate account in the general

revenue fund. The account is composed of money deposited to the

credit of the account under Section 502.2922, Transportation

Code. Money in the account may be used only for the purposes of

this section.

(b) The department administers the account. Annually, the

department shall distribute the money deposited to the credit of

the account to Special Olympics Texas to be used only to pay for

costs associated with training and with area and regional

competitions of the Special Olympics Texas.

Added by Acts 2001, 77th Leg., ch. 475, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES

Sec. 533.031. DEFINITIONS. In this subchapter:

(1) "Elderly resident" means a person 65 years of age or older

residing in a department facility.

(2) "Extended care unit" means a residential unit in a

department facility that contains patients with chronic mental

illness who require long-term care, maintenance, limited

programming, and constant supervision.

(3) "Transitional living unit" means a residential unit that is

designed for the primary purpose of facilitating the return of

hard-to-place psychiatric patients with chronic mental illness

from acute care units to the community through an array of

services appropriate for those patients.

(4) "Commission" means the Health and Human Services Commission.

(5) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(6) "ICF-MR and related waiver programs" includes ICF-MR Section

1915(c) waiver programs, home and community-based services, Texas

home living waiver services, or another Medicaid program serving

persons with mental retardation.

(7) "Section 1915(c) waiver program" means a federally funded

Medicaid program of the state that is authorized under Section

1915(c) of the federal Social Security Act (42 U.S.C. Section

1396n(c)).

(8) "Qualified service provider" means an entity that meets

requirements for service providers established by the executive

commissioner.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 1, eff. June 16, 2007.

Sec. 533.032. LONG-RANGE PLANNING. (a) The department shall

have a long-range plan covering at least six years that includes

at least the provisions required by Sections 531.022 and 531.023,

Government Code, and Chapter 2056, Government Code. The plan must

cover the provision of services in and policies for

state-operated institutions and ensure that the medical needs of

the most medically fragile persons the department serves are met.

(b) In developing the plan, the department shall:

(1) solicit input from:

(A) local authorities for mental health and mental retardation;

(B) community representatives;

(C) consumers of mental health and mental retardation services,

including consumers of campus-based and community-based services,

and family members of consumers of those services; and

(D) other interested persons; and

(2) consider the report developed under Subsection (c).

(c) The department shall develop a report containing information

and recommendations regarding the most efficient long-term use

and management of the department's campus-based facilities. The

report must:

(1) project future bed requirements for state schools and state

hospitals;

(2) document the methodology used to develop the projection of

future bed requirements;

(3) project maintenance costs for institutional facilities;

(4) recommend strategies to maximize the use of institutional

facilities; and

(5) specify how each state school and state hospital will:

(A) serve and support the communities and consumers in its

service area; and

(B) fulfill statewide needs for specialized services.

(d) In developing the report under Subsection (c), the

department shall:

(1) conduct two public meetings, one meeting to be held at the

beginning of the process and the second meeting to be held at the

end of the process, to receive comments from interested parties;

and

(2) consider:

(A) the medical needs of the most medically fragile of its

clients;

(B) the provision of services to clients with severe and

profound mental retardation and to persons with mental

retardation who are medically fragile or have behavioral

problems;

(C) the program and service preference information collected

under Section 533.038; and

(D) input solicited from consumers of services of state schools

and state hospitals.

(e) The department shall develop a report analyzing state and

federally funded residential services for persons with mental

retardation. The report shall:

(1) determine any disparity in cost and quality outcomes

achieved between services provided in state-operated programs,

including but not limited to ICFs-MR and HCS, and the same or

comparable services provided by private sector providers; and

(2) identify and quantify the reasons for any disparity that

exists.

(f) The department, in preparing the report under Subsection

(e), shall obtain ongoing input from stakeholders, including

department staff, private providers, advocates, consumers, and

family members of consumers.

(g) The department shall:

(1) attach the reports required by Subsections (c) and (e) to

the department's legislative appropriations request for each

biennium;

(2) at the time the department presents its legislative

appropriations request, present the reports to the:

(A) governor;

(B) governor's budget office;

(C) lieutenant governor;

(D) speaker of the house of representatives;

(E) Legislative Budget Board; and

(F) Health and Human Services Commission; and

(3) update the department's long-range plan biennially and

include the reports in the plan.

(h) The department shall, in coordination with the Health and

Human Services Commission, evaluate the current and long-term

costs associated with serving inpatient psychiatric needs of

persons living in counties now served by at least three state

hospitals within 120 miles of one another. This evaluation shall

take into consideration the condition of the physical plants and

other long-term asset management issues associated with the

operation of the hospitals, as well as other issues associated

with quality psychiatric care. After such determination is made,

the Health and Human Services Commission shall begin to take

action to influence the utilization of these state hospitals in

order to ensure efficient service delivery.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 4, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(103), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1187, Sec. 5, eff. Sept.

1, 1999.

Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. The

board by rule shall establish criteria regarding the uses of the

department's campus-based facilities as part of a full continuum

of services.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1,

1999.

Sec. 533.033. DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH

SERVICES. (a) Consistent with the purposes and policies of this

subtitle, the commissioner biennially shall determine:

(1) the types of mental health services that can be most

economically and effectively provided at the community level for

persons exhibiting various forms of mental disability; and

(2) the types of mental health services that can be most

economically and effectively provided by department facilities.

(b) In the determination, the commissioner shall assess the

limits, if any, that should be placed on the duration of mental

health services provided at the community level or at a

department facility.

(c) The department biennially shall review the types of services

the department provides and shall determine if a community

provider can provide services of a comparable quality at a lower

cost than the department's costs.

(d) The commissioner's findings shall guide the department in

planning and administering services for persons with mental

illness.

(e) The commissioner shall report the commissioner's findings to

the legislature, the Legislative Budget Board, and the governor's

budget office with the department's biennial appropriations

request.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED

SERVICES. (a) The department may cooperate, negotiate, and

contract with local agencies, hospitals, private organizations

and foundations, community centers, physicians, and other persons

to plan, develop, and provide community-based mental health and

mental retardation services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.73, eff.

Sept. 1, 2003.

Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The

department by rule shall develop model program standards for

mental health and mental retardation services for use by each

state agency that provides or pays for mental health or mental

retardation services. The department shall provide the model

standards to each agency that provides mental health or mental

retardation services as identified by the Health and Human

Services Commission.

(b) Model standards developed under Subsection (a) must be

designed to improve the consistency of mental health and mental

retardation services provided by or through a state agency.

(c) Biennially the department shall review the model standards

developed under Subsection (a) and determine whether each

standard contributes effectively to the consistency of service

delivery by state agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY

CENTERS. (a) The department may transfer operations of and

services provided at the Amarillo State Center, Beaumont State

Center, and Laredo State Center to a community center established

under Chapter 534, including a newly established center providing

mental retardation services or mental health and mental

retardation services.

(b) The transfer may occur only on the department's approval of

a plan submitted in accordance with Section 534.001(d) or of an

amendment to a previously approved plan. In developing the plan

or plan amendment, the center or proposed center proposing to

accept the state center operation and service responsibilities

shall consider input from consumers of mental health and mental

retardation services and family members of and advocates for

those consumers, organizations that represent affected employees,

and other providers of mental health and mental retardation

services.

(c) The center or proposed center proposing to accept the state

center operation and service responsibilities shall publish

notice of the initial planning meeting regarding the content of

the plan or plan amendment and of the meeting to review the

content of the proposed plan or plan amendment before it is

submitted under Section 534.001(d). The notices must include the

time and location of the meeting. The notice of the meeting to

review the content of the plan or amendment must include

information regarding how to obtain a copy of the proposed plan

or amendment. The notices must be published not fewer than 30

days and not more than 90 days before the date set for the

meeting in a newspaper of general circulation in each county

containing any part of the proposed service area. If a county in

which notice is required to be published does not have a

newspaper of general circulation, the notices shall be published

in a newspaper of general circulation in the nearest county in

which a newspaper of general circulation is published.

(d) At the time the operations and services are transferred to

the community center, money supporting the cost of providing

operations and services at a state center shall be transferred to

the community center to ensure continuity of services.

(e) The Amarillo State Center is exempt from the requirements

listed in Subsections (b) and (c).

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.035. LOCAL MENTAL HEALTH AND MENTAL RETARDATION

AUTHORITIES. (a) The executive commissioner shall designate a

local mental health authority and a local mental retardation

authority in one or more local service areas. The executive

commissioner may delegate to the local authorities the authority

and responsibility of the executive commissioner, the commission,

or a department of the commission related to planning, policy

development, coordination, including coordination with criminal

justice entities, resource allocation, and resource development

for and oversight of mental health and mental retardation

services in the most appropriate and available setting to meet

individual needs in that service area. The executive

commissioner may designate a single entity as the local mental

health authority and the local mental retardation authority for a

service area.

(b) The department by contract or other method of allocation,

including a case-rate or capitated arrangement, may disburse to a

local mental health and mental retardation authority department

federal and department state funds to be spent in the local

service area for:

(1) community mental health and mental retardation services; and

(2) chemical dependency services for persons who are dually

diagnosed as having both chemical dependency and mental illness

or mental retardation.

(c) A local mental health and mental retardation authority, with

the approval of the Department of State Health Services or the

Department of Aging and Disability Services, or both, as

applicable, shall use the funds received under Subsection (b) to

ensure mental health, mental retardation, and chemical dependency

services are provided in the local service area. The local

authority shall consider public input, ultimate cost-benefit, and

client care issues to ensure consumer choice and the best use of

public money in:

(1) assembling a network of service providers;

(2) making recommendations relating to the most appropriate and

available treatment alternatives for individuals in need of

mental health or mental retardation services; and

(3) procuring services for a local service area, including a

request for proposal or open-enrollment procurement method.

(d) A local mental health and mental retardation authority shall

demonstrate to the department that the services that the

authority provides directly or through subcontractors and that

involve state funds comply with relevant state standards.

(e) Subject to Section 533.0358, in assembling a network of

service providers, a local mental health authority may serve as a

provider of services only as a provider of last resort and only

if the local authority demonstrates to the department in the

local authority's local network development plan that:

(1) the local authority has made every reasonable attempt to

solicit the development of an available and appropriate provider

base that is sufficient to meet the needs of consumers in its

service area; and

(2) there is not a willing provider of the relevant services in

the local authority's service area or in the county where the

provision of the services is needed.

(e-1) A local mental retardation authority may serve as a

provider of ICF-MR and related waiver programs only if:

(1) the local authority complies with the limitations prescribed

by Section 533.0355(d); or

(2) the ICF-MR and related waiver programs are necessary to

ensure the availability of services and the local authority

demonstrates to the commission that there is not a willing ICF-MR

and related waiver program qualified service provider in the

local authority's service area where the service is needed.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.03, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 8, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1209, Sec. 14, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 367, Sec. 3, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 198, Sec. 2.74, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 2, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 7, eff. June 16, 2007.

Sec. 533.0351. LOCAL AUTHORITY NETWORK ADVISORY COMMITTEE. (a)

The executive commissioner shall establish a local authority

network advisory committee to advise the executive commissioner

and the Department of State Health Services on technical and

administrative issues that directly affect local mental health

authority responsibilities.

(b) The committee is composed of equal numbers of

representatives of local mental health authorities, community

mental health service providers, private mental health service

providers, local government officials, advocates for individuals

with mental health needs, consumers of mental health services,

family members of individuals with mental health needs, and other

individuals with expertise in the field of mental health

appointed by the executive commissioner. In addition, the

executive commissioner may appoint facilitators to the committee

as necessary. In appointing the members, the executive

commissioner shall also ensure a balanced representation of:

(1) different regions of this state;

(2) rural and urban counties; and

(3) single-county and multicounty local mental health

authorities.

(c) Members appointed to the advisory committee must have some

knowledge of, familiarity with, or understanding of the

day-to-day operations of a local mental health authority.

(d) The advisory committee shall:

(1) review rules and proposed rules and participate in any

negotiated rulemaking process related to local mental health

authority operations;

(2) advise the executive commissioner and the Department of

State Health Services regarding evaluation and coordination of

initiatives related to local mental health authority operations;

(3) advise the executive commissioner and the Department of

State Health Services in developing a method of contracting with

local mental health authorities that will result in contracts

that are flexible and responsive to:

(A) the needs and services of local communities; and

(B) the department's performance expectations;

(4) coordinate with work groups whose actions may affect local

mental health authority operations;

(5) report to the executive commissioner and the Department of

State Health Services on the committee's activities and

recommendations at least once each fiscal quarter; and

(6) work with the executive commissioner or the Department of

State Health Services as the executive commissioner directs.

(e) For any written recommendation the committee makes to the

Department of State Health Services, the department shall provide

to the committee a written response regarding any action taken on

the recommendation or the reasons for the department's inaction

on the subject of the recommendation.

(f) The committee is subject to Chapter 2110, Government Code,

except that the committee is not subject to Section 2110.004 or

2110.008, Government Code. The committee is abolished on

September 1, 2017, unless the executive commissioner adopts a

rule continuing the committee in existence beyond that date.

(g) The Department of State Health Services may reimburse

consumers of mental health services and family members of

individuals with mental health needs appointed to the committee

for travel costs incurred in performing their duties as provided

in the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 8, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 79, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 3, eff. June 16, 2007.

Sec. 533.0352. LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA.

(a) Each local mental health or mental retardation authority

shall develop a local service area plan to maximize the

authority's services by using the best and most cost-effective

means of using federal, state, and local resources to meet the

needs of the local community according to the relative priority

of those needs. Each local mental health or mental retardation

authority shall undertake to maximize federal funding.

(b) A local service area plan must be consistent with the

purposes, goals, and policies stated in Section 531.001 and the

department's long-range plan developed under Section 533.032.

(c) The department and a local mental health or mental

retardation authority shall use the local authority's local

service plan as the basis for contracts between the department

and the local authority and for establishing the local

authority's responsibility for achieving outcomes related to the

needs and characteristics of the authority's local service area.

(d) In developing the local service area plan, the local mental

health or mental retardation authority shall:

(1) solicit information regarding community needs from:

(A) representatives of the local community;

(B) consumers of community-based mental health and mental

retardation services and members of the families of those

consumers;

(C) consumers of services of state schools for persons with

mental retardation, members of families of those consumers, and

members of state school volunteer services councils, if a state

school is located in the local service area of the local

authority; and

(D) other interested persons; and

(2) consider:

(A) criteria for assuring accountability for, cost-effectiveness

of, and relative value of service delivery options;

(B) goals to minimize the need for state hospital and community

hospital care;

(C) goals to ensure a client with mental retardation is placed

in the least restrictive environment appropriate to the person's

care;

(D) opportunities for innovation to ensure that the local

authority is communicating to all potential and incoming

consumers about the availability of services of state schools for

persons with mental retardation in the local service area of the

local authority;

(E) goals to divert consumers of services from the criminal

justice system;

(F) goals to ensure that a child with mental illness remains

with the child's parent or guardian as appropriate to the child's

care; and

(G) opportunities for innovation in services and service

delivery.

(e) The department and the local mental health or mental

retardation authority by contract shall enter into a performance

agreement that specifies required standard outcomes for the

programs administered by the local authority. Performance related

to the specified outcomes must be verifiable by the department.

The performance agreement must include measures related to the

outputs, costs, and units of service delivered. Information

regarding the outputs, costs, and units of service delivered

shall be recorded in the local authority's automated data

systems, and reports regarding the outputs, costs, and units of

service delivered shall be submitted to the department at least

annually as provided by department rule.

(f) The department and the local mental health or mental

retardation authority shall provide an opportunity for community

centers and advocacy groups to provide information or assistance

in developing the specified performance outcomes under Subsection

(e).

Added by Acts 2003, 78th Leg., ch. 358, Sec. 1, eff. June 18,

2003.

Renumbered from Health and Safety Code, Section 533.0354 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(52), eff. September 1, 2005.

Sec. 533.03521. LOCAL NETWORK DEVELOPMENT PLAN CREATION AND

APPROVAL. (a) A local mental health authority shall develop a

local network development plan regarding the configuration and

development of the local mental health authority's provider

network. The plan must reflect local needs and priorities and

maximize consumer choice and access to qualified service

providers.

(b) The local mental health authority shall submit the local

network development plan to the Department of State Health

Services for approval.

(c) On receipt of a local network development plan under this

section, the department shall review the plan to ensure that the

plan:

(1) complies with the criteria established by Section 533.0358

if the local mental health authority is providing services under

that section; and

(2) indicates that the local mental health authority is

reasonably attempting to solicit the development of a provider

base that is:

(A) available and appropriate; and

(B) sufficient to meet the needs of consumers in the local

authority's local service area.

(d) If the department determines that the local network

development plan complies with Subsection (c), the department

shall approve the plan.

(e) At least biennially, the department shall review a local

mental health authority's local network development plan and

determine whether the plan complies with Subsection (c).

(f) As part of a local network development plan, a local mental

health authority annually shall post on the local authority's

website a list of persons with whom the local authority had a

contract or agreement in effect during all or part of the

previous year, or on the date the list is posted, related to the

provision of mental health services.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 4, eff. June 16, 2007.

Sec. 533.0354. DISEASE MANAGEMENT PRACTICES AND JAIL DIVERSION

MEASURES OF LOCAL MENTAL HEALTH AUTHORITIES. (a) A local mental

health authority shall ensure the provision of assessment

services, crisis services, and intensive and comprehensive

services using disease management practices for adults with

bipolar disorder, schizophrenia, or clinically severe depression

and for children with serious emotional illnesses. The local

mental health authority shall ensure that individuals are engaged

with treatment services that are:

(1) ongoing and matched to the needs of the individual in type,

duration, and intensity;

(2) focused on a process of recovery designed to allow the

individual to progress through levels of service;

(3) guided by evidence-based protocols and a strength-based

paradigm of service; and

(4) monitored by a system that holds the local authority

accountable for specific outcomes, while allowing flexibility to

maximize local resources.

(b) The department shall require each local mental health

authority to incorporate jail diversion strategies into the

authority's disease management practices for managing adults with

schizophrenia and bipolar disorder to reduce the involvement of

those client populations with the criminal justice system.

(c) The department shall enter into performance contracts

between the department and each local mental health authority for

the fiscal years ending August 31, 2004, and August 31, 2005,

that specify measurable outcomes related to their success in

using disease management practices to meet the needs of the

target populations.

(d) The department shall study the implementation of disease

management practices, including the jail diversion measures, and

shall submit to the governor, the lieutenant governor, and the

speaker of the house of representatives a report on the progress

in implementing disease management practices and jail diversion

measures by local mental health authorities. The report must be

delivered not later than December 31, 2004, and must include

specific information on:

(1) the implementation of jail diversion measures undertaken;

and

(2) the effect of disparities in per capita funding levels among

local mental health authorities on the implementation and

effectiveness of disease management practices and jail diversion

measures.

(e) The department may use the fiscal year ending August 31,

2004, as a transition period for implementing the requirements of

Subsections (a)-(c).

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1,

2003.

Sec. 533.0355. LOCAL MENTAL RETARDATION AUTHORITY

RESPONSIBILITIES. (a) The executive commissioner shall adopt

rules establishing the roles and responsibilities of local mental

retardation authorities.

(b) In adopting rules under this section, the executive

commissioner must include rules regarding the following local

mental retardation authority responsibilities:

(1) access;

(2) intake;

(3) eligibility functions;

(4) enrollment, initial person-centered assessment, and service

authorization;

(5) utilization management;

(6) safety net functions, including crisis management services

and assistance in accessing facility-based care;

(7) service coordination functions;

(8) provision and oversight of state general revenue services;

(9) local planning functions, including stakeholder involvement,

technical assistance and training, and provider complaint and

resolution processes; and

(10) processes to assure accountability in performance,

compliance, and monitoring.

(c) In determining eligibility under Subsection (b)(3), a local

mental retardation authority must offer a state school as an

option among the residential services and other community living

options available to an individual who is eligible for those

services and who meets the department's criteria for state school

admission, regardless of whether other residential services are

available to the individual.

(d) In establishing a local mental retardation authority's role

as a qualified service provider of ICF-MR and related waiver

programs under Section 533.035(e-1), the executive commissioner

shall require the local mental retardation authority to:

(1) base the local authority's provider capacity on the local

authority's August 2004 enrollment levels for the waiver programs

the local authority operates and, if the local authority's

enrollment levels exceed those levels, to reduce the levels by

attrition; and

(2) base any increase in the local authority's provider capacity

on:

(A) the local authority's state-mandated conversion from an

ICF-MR program to a Section 1915(c) waiver program allowing for a

permanent increase in the local authority's provider capacity in

accordance with the number of persons who choose the local

authority as their provider;

(B) the local authority's voluntary conversion from an ICF-MR

program to a Section 1915(c) waiver program allowing for a

temporary increase in the local authority's provider capacity, to

be reduced by attrition, in accordance with the number of persons

who choose the local authority as their provider;

(C) the local authority's refinancing from services funded

solely by state general revenue to a Medicaid program allowing

for a temporary increase in the local authority's provider

capacity, to be reduced by attrition, in accordance with the

number of persons who choose the local authority as their

provider; or

(D) other extenuating circumstances that:

(i) are monitored and approved by the Department of Aging and

Disability Services;

(ii) do not include increases that unnecessarily promote the

local authority's provider role over its role as a local mental

retardation authority; and

(iii) may include increases necessary to accommodate a

family-specific or consumer-specific circumstance and choice.

(e) Any increase based on extenuating circumstances under

Subsection (d)(2)(D) is considered a temporary increase in the

local mental retardation authority's provider capacity, to be

reduced by attrition.

(f) At least biennially, the Department of Aging and Disability

Services shall review and determine the local mental retardation

authority's status as a qualified service provider in accordance

with criteria that includes the consideration of the local

authority's ability to assure the availability of services in its

area, including:

(1) program stability and viability;

(2) the number of other qualified service providers in the area;

and

(3) the geographical area in which the local authority is

located.

(g) The Department of Aging and Disability Services shall ensure

that local services delivered further the following goals:

(1) to provide individuals with the information, opportunities,

and support to make informed decisions regarding the services for

which the individual is eligible;

(2) to respect the rights, needs, and preferences of an

individual receiving services; and

(3) to integrate individuals with mental retardation and

developmental disabilities into the community in accordance with

relevant independence initiatives and permanency planning laws.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.76, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 5, eff. June 16, 2007.

Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In

this section, "commission" means the Texas Commission on Alcohol

and Drug Abuse.

(b) The department and the commission jointly may designate a

local behavioral health authority in a local service area to

provide mental health and chemical dependency services in that

area. The board and the commission may delegate to an authority

designated under this section the authority and responsibility

for planning, policy development, coordination, resource

allocation, and resource development for and oversight of mental

health and chemical dependency services in that service area. An

authority designated under this section has:

(1) all the responsibilities and duties of a local mental health

authority provided by Section 533.035 and by Subchapter B,

Chapter 534; and

(2) the responsibility and duty to ensure that chemical

dependency services are provided in the service area as described

by the statewide service delivery plan adopted under Section

461.0124.

(c) In the planning and implementation of services, the

authority shall give proportionate priority to mental health

services and chemical dependency services that ensures that funds

purchasing services are used in accordance with specific

regulatory and statutory requirements that govern the respective

funds.

(d) A local mental health authority may apply to the department

and commission for designation as a local behavioral health

authority.

(e) The department and commission, by contract or by a case-rate

or capitated arrangement or another method of allocation, may

disburse money, including federal money, to a local behavioral

health authority for services.

(f) A local behavioral health authority, with the approval of

the department or the commission as provided by contract, shall

use money received under Subsection (e) to ensure that mental

health and chemical dependency services are provided in the local

service area


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-533-powers-and-duties

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 533. POWERS AND DUTIES

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the board and commissioner

as provided by Section 531.0055, Government Code. To the extent a

power or duty given to the board or commissioner by this title or

another law conflicts with Section 531.0055, Government Code,

Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1,

1999.

Sec. 533.001. GIFTS AND GRANTS. (a) The department may

negotiate with a federal agency to obtain grants to assist in

expanding and improving mental health and mental retardation

services in this state.

(b) The department may accept gifts and grants of money,

personal property, and real property to expand and improve the

mental health and mental retardation services available to the

people of this state.

(c) The department may accept gifts and grants of money,

personal property, and real property on behalf of a department

facility to expand and improve the mental health or mental

retardation services available at the facility.

(d) The department shall use a gift or grant made for a specific

purpose in accordance with the purpose expressly prescribed by

the donor. The department may decline the gift or grant if the

department determines that it cannot be economically used for

that purpose.

(e) The department shall keep a record of each gift or grant in

the department's central office in the city of Austin.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. The department

shall establish procedures to:

(1) promote more efficient use of public funds;

(2) ensure periodic review of department management and support

activities in order to:

(A) improve department operations;

(B) improve the determination of costs;

(C) increase department productivity; and

(D) remain competitive with the private sector; and

(3) ensure that the state not provide a service that is

available through the private sector unless the state can provide

the service at a lower cost.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.13, eff.

Sept. 1, 1997.

Sec. 533.003. USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL

AUTHORITIES AND COMMUNITY CENTERS. (a) To develop or expand a

volunteer program in a local mental health or mental retardation

authority or a community center, the department may allocate

available funds appropriated for providing volunteer services.

(b) The department shall develop formal policies that encourage

the growth and development of volunteer services in local mental

health or mental retardation authorities and community centers.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff.

Sept. 1, 1999.

Sec. 533.004. LIENS. (a) The department and each community

center has a lien to secure reimbursement for the cost of

providing support, maintenance, and treatment to a patient with

mental illness or client with mental retardation in an amount

equal to the amount of reimbursement sought.

(b) The amount of the reimbursement sought may not exceed:

(1) the amount the department is authorized to charge under

Section 552.017 or under Subchapter D, Chapter 593, if the

patient or client received the services in a department facility;

or

(2) the amount the community center is authorized to charge

under Section 534.017 if the patient or client received the

services in a community center.

(c) The lien attaches to:

(1) all nonexempt real and personal property owned or later

acquired by the patient or client or by a person legally

responsible for the patient's or client's support;

(2) a judgment of a court in this state or a decision of a

public agency in a proceeding brought by or on behalf of the

patient or client to recover damages for an injury for which the

patient or client was admitted to a department facility or

community center; and

(3) the proceeds of a settlement of a cause of action or a claim

by the patient or client for an injury for which the patient or

client was admitted to a department facility or community center.

(d) To secure the lien, the department or community center must

file written notice of the lien with the county clerk of the

county in which:

(1) the patient or client, or the person legally responsible for

the patient's or client's support, owns property; or

(2) the patient or client received or is receiving services.

(e) The notice must contain:

(1) the name and address of the patient or client;

(2) the name and address of the person legally responsible for

the patient's or client's support, if applicable;

(3) the period during which the department facility or community

center provided services or a statement that services are

currently being provided; and

(4) the name and location of the department facility or

community center.

(f) Not later than the 31st day before the date on which the

department files the notice of the lien with the county clerk,

the department shall notify by certified mail the patient or

client and the person legally responsible for the patient's or

client's support. The notice must contain a copy of the charges,

the statutory procedures relating to filing a lien, and the

procedures to contest the charges. The board by rule shall

prescribe the procedures to contest the charges.

(g) The county clerk shall record on the written notice the name

of the patient or client, the name and address of the department

facility or community center, and, if requested by the person

filing the lien, the name of the person legally responsible for

the patient's or client's support. The clerk shall index the

notice record in the name of the patient or client and, if

requested by the person filing the lien, in the name of the

person legally responsible for the patient's or client's support.

(h) The notice record must include an attachment that contains

an account of the charges made by the department facility or

community center and the amount due to the facility or center.

The superintendent or director of the facility or center must

swear to the validity of the account. The account is presumed to

be correct, and in a suit to cancel the debt and discharge the

lien or to foreclose on the lien, the account is sufficient

evidence to authorize a court to render a judgment for the

facility or center.

(i) To discharge the lien, the superintendent or director of the

department facility or community center or a claims

representative of the facility or center must execute and file

with the county clerk of the county in which the lien notice is

filed a certificate stating that the debt covered by the lien has

been paid, settled, or released and authorizing the clerk to

discharge the lien. The county clerk shall record a memorandum of

the certificate and the date on which it is filed. The filing of

the certificate and recording of the memorandum discharge the

lien.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.005. EASEMENTS. The department may grant a temporary

or permanent easement or right-of-way on land held by the

department. The department must grant an easement or right-of-way

on terms and conditions the department considers to be in the

state's best interest.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff.

June 18, 1999.

Sec. 533.006. REPORTING OF ALLEGATIONS AGAINST PHYSICIAN. (a)

The department shall report to the Texas State Board of Medical

Examiners any allegation received by the department that a

physician employed by or under contract with the department has

committed an action that constitutes a ground for the denial or

revocation of the physician's license under Section 164.051,

Occupations Code. The report must be made in the manner provided

by Section 154.051, Occupations Code.

(b) The department shall provide to the Texas State Board of

Medical Examiners a copy of any report or finding relating to an

investigation of an allegation reported to that board.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.801,

eff. Sept. 1, 2001.

Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;

CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The department, a

local mental health or mental retardation authority, or a

community center may deny employment or volunteer status to an

applicant if:

(1) the department, authority, or community center determines

that the applicant's criminal history record information

indicates that the person is not qualified or suitable; or

(2) the applicant fails to provide a complete set of

fingerprints if the department establishes that method of

obtaining criminal history record information.

(b) The board shall adopt rules relating to the use of

information obtained under this section, including rules that

prohibit an adverse personnel action based on arrest warrant or

wanted persons information received by the department.

(c) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993.

(d) Relettered as subsection (a) by Laws 1999, 76th Leg., ch.

1209, Sec. 4, eff. Sept. 1, 1999.

(e) to (h) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec.

46(26), eff. Sept. 1, 1993.

(i) Relettered as subsection (b) by Laws 1999, 76th Leg., ch.

1209, eff. Sept. 1, 1999.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.

Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept.

1, 1999.

Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The department,

a local mental health or mental retardation authority, or a

community center may exchange with one another the employment

records of an employee or former employee who applies for

employment at the department, authority, or community center.

Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff.

Sept. 1, 1999.

Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

MENTAL ILLNESS AND MENTAL RETARDATION. (a) Each department

facility and community center shall annually assess the

feasibility of converting entry level support positions into

employment opportunities for individuals with mental illness and

mental retardation in the facility's or center's service area.

(b) In making the assessment, the department facility or

community center shall consider the feasibility of using an array

of job opportunities that may lead to competitive employment,

including sheltered employment and supported employment.

(c) Each department facility and community center shall annually

submit to the department a report showing that the facility or

center has complied with Subsection (a).

(d) The department shall compile information from the reports

and shall make the information available to each designated

provider in a service area.

(e) Each department facility and community center shall ensure

that designated staff are trained to:

(1) assist clients through the Social Security Administration

disability determination process;

(2) provide clients and their families information related to

the Social Security Administration Work Incentive Provisions; and

(3) assist clients in accessing and utilizing the Social

Security Administration Work Incentive Provisions to finance

training, services, and supports needed to obtain career goals.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff.

Sept. 1, 1995.

Sec. 533.009. EXCHANGE OF PATIENT AND CLIENT RECORDS. (a)

Department facilities, local mental health or mental retardation

authorities, community centers, other designated providers, and

subcontractees of mental health and mental retardation services

are component parts of one service delivery system within which

patient or client records may be exchanged without the patient's

or client's consent.

(b) The board shall adopt rules to carry out the purposes of

this section.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff.

Sept. 1, 1999.

Sec. 533.0095. COLLECTION AND MAINTENANCE OF INFORMATION

REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a)

The executive commissioner of the Health and Human Services

Commission by rule shall require the department to collect

information and maintain current records regarding a person found

not guilty of an offense by reason of insanity under Chapter 46C,

Code of Criminal Procedure, who is:

(1) ordered by a court to receive inpatient mental health

services under Chapter 574 or under Chapter 46C, Code of Criminal

Procedure;

(2) committed by a court for long-term placement in a

residential care facility under Chapter 593 or under Chapter 46C,

Code of Criminal Procedure; or

(3) ordered by a court to receive outpatient or community-based

treatment and supervision.

(b) Information maintained by the department under this section

must include the name and address of any facility to which the

person is committed, the length of the person's commitment to the

facility, and any post-release outcome.

(c) The department shall file annually with the presiding

officer of each house of the legislature a written report

containing the name of each person described by Subsection (a),

the name and address of any facility to which the person is

committed, the length of the person's commitment to the facility,

and any post-release outcome.

Added by Acts 2005, 79th Leg., Ch.

831, Sec. 3, eff. September 1, 2005.

Sec. 533.010. INFORMATION RELATING TO PATIENT'S CONDITION. (a)

A person, including a hospital, sanitarium, nursing or rest home,

medical society, or other organization, may provide to the

department or a medical organization, hospital, or hospital

committee any information, including interviews, reports,

statements, or memoranda relating to a person's condition and

treatment for use in a study to reduce mental disorders and

mental disabilities.

(b) The department or a medical organization, hospital, or

hospital committee receiving the information may use or publish

the information only to advance mental health and mental

retardation research and education in order to reduce mental

disorders and mental disabilities. A summary of the study may be

released for general publication.

(c) The identity of a person whose condition or treatment is

studied is confidential and may not be revealed under any

circumstances. Information provided under this section and any

finding or conclusion resulting from the study is privileged

information.

(d) A person is not liable for damages or other relief if the

person:

(1) provides information under this section;

(2) releases or publishes the findings and conclusions of the

person or organization to advance mental health and mental

retardation research and education; or

(3) releases or publishes generally a summary of a study.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.011. RETURN OF PERSON WITH MENTAL RETARDATION TO STATE

OF RESIDENCE. (a) The department may return a nonresident

person with mental retardation who is committed to a facility for

persons with mental retardation in this state to the proper

agency of the person's state of residence.

(b) The department may permit the return of a resident of this

state who is committed to a facility for persons with mental

retardation in another state.

(c) The department may enter into reciprocal agreements with the

proper agencies of other states to facilitate the return of

persons committed to facilities for persons with mental

retardation in this state or another state to the state of their

residence.

(d) The superintendent of a department facility for persons with

mental retardation may detain for not more than 96 hours pending

a court order in a commitment proceeding in this state a person

with mental retardation returned to this state.

(e) The state returning a person with mental retardation to

another state shall bear the expenses of returning the person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the

department's request, all state departments, agencies, officers,

and employees shall cooperate with the department in activities

that are consistent with their functions.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.03, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The

department shall enter into an agreement with the Texas

Rehabilitation Commission that defines the roles and

responsibilities of the department and the commission regarding

the agencies' shared client populations. The agreement must

establish methods to prevent the duplication and fragmentation of

employment services provided by the agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 4, eff. Sept. 1,

1999.

Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES

IN MAKING TREATMENT RECOMMENDATIONS. (a) The board shall adopt

rules that:

(1) relate to the responsibility of the local mental health

authorities to make recommendations relating to the most

appropriate and available treatment alternatives for individuals

in need of mental health services, including individuals who are

in contact with the criminal justice system and individuals

detained in local jails and juvenile detention facilities;

(2) govern commitments to a local mental health authority;

(3) govern transfers of patients that involve a local mental

health authority; and

(4) provide for emergency admission to a department mental

health facility if obtaining approval from the authority could

result in a delay that might endanger the patient or others.

(b) The board's first consideration in developing rules under

this section must be to satisfy individual patient treatment

needs in the most appropriate setting. The board shall also

consider reducing patient inconvenience resulting from admissions

and transfers between providers.

(c) The department shall notify each judge who has probate

jurisdiction in the service area and any other person the local

mental health authority considers necessary of the responsibility

of the local mental health authority to make recommendations

relating to the most appropriate and available treatment

alternatives and the procedures required in the area.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug.

30, 1993; Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.

Sec. 533.015. UNANNOUNCED INSPECTIONS. The department may make

any inspection of a facility or program under the department's

jurisdiction without announcing the inspection.

Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28,

1995.

Sec. 533.016. CERTAIN PROCUREMENTS OF GOODS AND SERVICES BY

SERVICE PROVIDERS. (a) A state agency, local agency, local

mental health authority, or local mental retardation authority

that expends public money to acquire goods or services in

connection with providing or coordinating the provision of mental

health or mental retardation services may satisfy the

requirements of any state law requiring procurements by

competitive bidding or competitive sealed proposals by procuring

goods or services with the public money in accordance with

Section 533.017 or in accordance with:

(1) Section 2155.144, Government Code, if the entity is a state

agency subject to that law;

(2) Section 32.043 or 32.044, Human Resources Code, if the

entity is a public hospital subject to those laws; or

(3) this section, if the entity is not covered by Subdivision

(1) or (2).

(b) An agency or authority under Subsection (a)(3) may acquire

goods or services by any procurement method that provides the

best value to the agency or authority. The agency or authority

shall document that the agency or authority considered all

relevant factors under Subsection (c) in making the acquisition.

(c) Subject to Subsection (d), the agency or authority may

consider all relevant factors in determining the best value,

including:

(1) any installation costs;

(2) the delivery terms;

(3) the quality and reliability of the vendor's goods or

services;

(4) the extent to which the goods or services meet the agency's

or authority's needs;

(5) indicators of probable vendor performance under the contract

such as past vendor performance, the vendor's financial resources

and ability to perform, the vendor's experience and

responsibility, and the vendor's ability to provide reliable

maintenance agreements;

(6) the impact on the ability of the agency or authority to

comply with laws and rules relating to historically underutilized

businesses or relating to the procurement of goods and services

from persons with disabilities;

(7) the total long-term cost to the agency or authority of

acquiring the vendor's goods or services;

(8) the cost of any employee training associated with the

acquisition;

(9) the effect of an acquisition on the agency's or authority's

productivity;

(10) the acquisition price; and

(11) any other factor relevant to determining the best value for

the agency or authority in the context of a particular

acquisition.

(d) If a state agency to which this section applies acquires

goods or services with a value that exceeds $100,000, the state

agency shall consult with and receive approval from the Health

and Human Services Commission before considering factors other

than price and meeting specifications.

(e) The state auditor or the department may audit the agency's

or authority's acquisitions of goods and services under this

section to the extent state money or federal money appropriated

by the state is used to make the acquisitions.

(f) The agency or authority may adopt rules and procedures for

the acquisition of goods and services under this section.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.017. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS

OR GROUP PURCHASING PROGRAM. The department may allow a state

agency, local agency, local mental health authority, or local

mental retardation authority that expends public money to

purchase goods or services in connection with providing or

coordinating the provision of mental health or mental retardation

services to purchase goods or services with the public money by

participating in:

(1) a contract the department has made to purchase goods or

services; or

(2) a group purchasing program established or designated by the

department that offers discounts to providers of mental health or

mental retardation services.

Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,

1997.

Sec. 533.018. SPECIAL OLYMPICS TEXAS ACCOUNT. (a) The Texas

Department of Mental Health and Mental Retardation Special

Olympics Texas account is a separate account in the general

revenue fund. The account is composed of money deposited to the

credit of the account under Section 502.2922, Transportation

Code. Money in the account may be used only for the purposes of

this section.

(b) The department administers the account. Annually, the

department shall distribute the money deposited to the credit of

the account to Special Olympics Texas to be used only to pay for

costs associated with training and with area and regional

competitions of the Special Olympics Texas.

Added by Acts 2001, 77th Leg., ch. 475, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES

Sec. 533.031. DEFINITIONS. In this subchapter:

(1) "Elderly resident" means a person 65 years of age or older

residing in a department facility.

(2) "Extended care unit" means a residential unit in a

department facility that contains patients with chronic mental

illness who require long-term care, maintenance, limited

programming, and constant supervision.

(3) "Transitional living unit" means a residential unit that is

designed for the primary purpose of facilitating the return of

hard-to-place psychiatric patients with chronic mental illness

from acute care units to the community through an array of

services appropriate for those patients.

(4) "Commission" means the Health and Human Services Commission.

(5) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(6) "ICF-MR and related waiver programs" includes ICF-MR Section

1915(c) waiver programs, home and community-based services, Texas

home living waiver services, or another Medicaid program serving

persons with mental retardation.

(7) "Section 1915(c) waiver program" means a federally funded

Medicaid program of the state that is authorized under Section

1915(c) of the federal Social Security Act (42 U.S.C. Section

1396n(c)).

(8) "Qualified service provider" means an entity that meets

requirements for service providers established by the executive

commissioner.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 1, eff. June 16, 2007.

Sec. 533.032. LONG-RANGE PLANNING. (a) The department shall

have a long-range plan covering at least six years that includes

at least the provisions required by Sections 531.022 and 531.023,

Government Code, and Chapter 2056, Government Code. The plan must

cover the provision of services in and policies for

state-operated institutions and ensure that the medical needs of

the most medically fragile persons the department serves are met.

(b) In developing the plan, the department shall:

(1) solicit input from:

(A) local authorities for mental health and mental retardation;

(B) community representatives;

(C) consumers of mental health and mental retardation services,

including consumers of campus-based and community-based services,

and family members of consumers of those services; and

(D) other interested persons; and

(2) consider the report developed under Subsection (c).

(c) The department shall develop a report containing information

and recommendations regarding the most efficient long-term use

and management of the department's campus-based facilities. The

report must:

(1) project future bed requirements for state schools and state

hospitals;

(2) document the methodology used to develop the projection of

future bed requirements;

(3) project maintenance costs for institutional facilities;

(4) recommend strategies to maximize the use of institutional

facilities; and

(5) specify how each state school and state hospital will:

(A) serve and support the communities and consumers in its

service area; and

(B) fulfill statewide needs for specialized services.

(d) In developing the report under Subsection (c), the

department shall:

(1) conduct two public meetings, one meeting to be held at the

beginning of the process and the second meeting to be held at the

end of the process, to receive comments from interested parties;

and

(2) consider:

(A) the medical needs of the most medically fragile of its

clients;

(B) the provision of services to clients with severe and

profound mental retardation and to persons with mental

retardation who are medically fragile or have behavioral

problems;

(C) the program and service preference information collected

under Section 533.038; and

(D) input solicited from consumers of services of state schools

and state hospitals.

(e) The department shall develop a report analyzing state and

federally funded residential services for persons with mental

retardation. The report shall:

(1) determine any disparity in cost and quality outcomes

achieved between services provided in state-operated programs,

including but not limited to ICFs-MR and HCS, and the same or

comparable services provided by private sector providers; and

(2) identify and quantify the reasons for any disparity that

exists.

(f) The department, in preparing the report under Subsection

(e), shall obtain ongoing input from stakeholders, including

department staff, private providers, advocates, consumers, and

family members of consumers.

(g) The department shall:

(1) attach the reports required by Subsections (c) and (e) to

the department's legislative appropriations request for each

biennium;

(2) at the time the department presents its legislative

appropriations request, present the reports to the:

(A) governor;

(B) governor's budget office;

(C) lieutenant governor;

(D) speaker of the house of representatives;

(E) Legislative Budget Board; and

(F) Health and Human Services Commission; and

(3) update the department's long-range plan biennially and

include the reports in the plan.

(h) The department shall, in coordination with the Health and

Human Services Commission, evaluate the current and long-term

costs associated with serving inpatient psychiatric needs of

persons living in counties now served by at least three state

hospitals within 120 miles of one another. This evaluation shall

take into consideration the condition of the physical plants and

other long-term asset management issues associated with the

operation of the hospitals, as well as other issues associated

with quality psychiatric care. After such determination is made,

the Health and Human Services Commission shall begin to take

action to influence the utilization of these state hospitals in

order to ensure efficient service delivery.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 4, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(103), eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1187, Sec. 5, eff. Sept.

1, 1999.

Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. The

board by rule shall establish criteria regarding the uses of the

department's campus-based facilities as part of a full continuum

of services.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1,

1999.

Sec. 533.033. DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH

SERVICES. (a) Consistent with the purposes and policies of this

subtitle, the commissioner biennially shall determine:

(1) the types of mental health services that can be most

economically and effectively provided at the community level for

persons exhibiting various forms of mental disability; and

(2) the types of mental health services that can be most

economically and effectively provided by department facilities.

(b) In the determination, the commissioner shall assess the

limits, if any, that should be placed on the duration of mental

health services provided at the community level or at a

department facility.

(c) The department biennially shall review the types of services

the department provides and shall determine if a community

provider can provide services of a comparable quality at a lower

cost than the department's costs.

(d) The commissioner's findings shall guide the department in

planning and administering services for persons with mental

illness.

(e) The commissioner shall report the commissioner's findings to

the legislature, the Legislative Budget Board, and the governor's

budget office with the department's biennial appropriations

request.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED

SERVICES. (a) The department may cooperate, negotiate, and

contract with local agencies, hospitals, private organizations

and foundations, community centers, physicians, and other persons

to plan, develop, and provide community-based mental health and

mental retardation services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.73, eff.

Sept. 1, 2003.

Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The

department by rule shall develop model program standards for

mental health and mental retardation services for use by each

state agency that provides or pays for mental health or mental

retardation services. The department shall provide the model

standards to each agency that provides mental health or mental

retardation services as identified by the Health and Human

Services Commission.

(b) Model standards developed under Subsection (a) must be

designed to improve the consistency of mental health and mental

retardation services provided by or through a state agency.

(c) Biennially the department shall review the model standards

developed under Subsection (a) and determine whether each

standard contributes effectively to the consistency of service

delivery by state agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY

CENTERS. (a) The department may transfer operations of and

services provided at the Amarillo State Center, Beaumont State

Center, and Laredo State Center to a community center established

under Chapter 534, including a newly established center providing

mental retardation services or mental health and mental

retardation services.

(b) The transfer may occur only on the department's approval of

a plan submitted in accordance with Section 534.001(d) or of an

amendment to a previously approved plan. In developing the plan

or plan amendment, the center or proposed center proposing to

accept the state center operation and service responsibilities

shall consider input from consumers of mental health and mental

retardation services and family members of and advocates for

those consumers, organizations that represent affected employees,

and other providers of mental health and mental retardation

services.

(c) The center or proposed center proposing to accept the state

center operation and service responsibilities shall publish

notice of the initial planning meeting regarding the content of

the plan or plan amendment and of the meeting to review the

content of the proposed plan or plan amendment before it is

submitted under Section 534.001(d). The notices must include the

time and location of the meeting. The notice of the meeting to

review the content of the plan or amendment must include

information regarding how to obtain a copy of the proposed plan

or amendment. The notices must be published not fewer than 30

days and not more than 90 days before the date set for the

meeting in a newspaper of general circulation in each county

containing any part of the proposed service area. If a county in

which notice is required to be published does not have a

newspaper of general circulation, the notices shall be published

in a newspaper of general circulation in the nearest county in

which a newspaper of general circulation is published.

(d) At the time the operations and services are transferred to

the community center, money supporting the cost of providing

operations and services at a state center shall be transferred to

the community center to ensure continuity of services.

(e) The Amarillo State Center is exempt from the requirements

listed in Subsections (b) and (c).

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,

1999.

Sec. 533.035. LOCAL MENTAL HEALTH AND MENTAL RETARDATION

AUTHORITIES. (a) The executive commissioner shall designate a

local mental health authority and a local mental retardation

authority in one or more local service areas. The executive

commissioner may delegate to the local authorities the authority

and responsibility of the executive commissioner, the commission,

or a department of the commission related to planning, policy

development, coordination, including coordination with criminal

justice entities, resource allocation, and resource development

for and oversight of mental health and mental retardation

services in the most appropriate and available setting to meet

individual needs in that service area. The executive

commissioner may designate a single entity as the local mental

health authority and the local mental retardation authority for a

service area.

(b) The department by contract or other method of allocation,

including a case-rate or capitated arrangement, may disburse to a

local mental health and mental retardation authority department

federal and department state funds to be spent in the local

service area for:

(1) community mental health and mental retardation services; and

(2) chemical dependency services for persons who are dually

diagnosed as having both chemical dependency and mental illness

or mental retardation.

(c) A local mental health and mental retardation authority, with

the approval of the Department of State Health Services or the

Department of Aging and Disability Services, or both, as

applicable, shall use the funds received under Subsection (b) to

ensure mental health, mental retardation, and chemical dependency

services are provided in the local service area. The local

authority shall consider public input, ultimate cost-benefit, and

client care issues to ensure consumer choice and the best use of

public money in:

(1) assembling a network of service providers;

(2) making recommendations relating to the most appropriate and

available treatment alternatives for individuals in need of

mental health or mental retardation services; and

(3) procuring services for a local service area, including a

request for proposal or open-enrollment procurement method.

(d) A local mental health and mental retardation authority shall

demonstrate to the department that the services that the

authority provides directly or through subcontractors and that

involve state funds comply with relevant state standards.

(e) Subject to Section 533.0358, in assembling a network of

service providers, a local mental health authority may serve as a

provider of services only as a provider of last resort and only

if the local authority demonstrates to the department in the

local authority's local network development plan that:

(1) the local authority has made every reasonable attempt to

solicit the development of an available and appropriate provider

base that is sufficient to meet the needs of consumers in its

service area; and

(2) there is not a willing provider of the relevant services in

the local authority's service area or in the county where the

provision of the services is needed.

(e-1) A local mental retardation authority may serve as a

provider of ICF-MR and related waiver programs only if:

(1) the local authority complies with the limitations prescribed

by Section 533.0355(d); or

(2) the ICF-MR and related waiver programs are necessary to

ensure the availability of services and the local authority

demonstrates to the commission that there is not a willing ICF-MR

and related waiver program qualified service provider in the

local authority's service area where the service is needed.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,

eff. June 16, 2007.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.03, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 8, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1209, Sec. 14, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 367, Sec. 3, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 198, Sec. 2.74, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 2, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 7, eff. June 16, 2007.

Sec. 533.0351. LOCAL AUTHORITY NETWORK ADVISORY COMMITTEE. (a)

The executive commissioner shall establish a local authority

network advisory committee to advise the executive commissioner

and the Department of State Health Services on technical and

administrative issues that directly affect local mental health

authority responsibilities.

(b) The committee is composed of equal numbers of

representatives of local mental health authorities, community

mental health service providers, private mental health service

providers, local government officials, advocates for individuals

with mental health needs, consumers of mental health services,

family members of individuals with mental health needs, and other

individuals with expertise in the field of mental health

appointed by the executive commissioner. In addition, the

executive commissioner may appoint facilitators to the committee

as necessary. In appointing the members, the executive

commissioner shall also ensure a balanced representation of:

(1) different regions of this state;

(2) rural and urban counties; and

(3) single-county and multicounty local mental health

authorities.

(c) Members appointed to the advisory committee must have some

knowledge of, familiarity with, or understanding of the

day-to-day operations of a local mental health authority.

(d) The advisory committee shall:

(1) review rules and proposed rules and participate in any

negotiated rulemaking process related to local mental health

authority operations;

(2) advise the executive commissioner and the Department of

State Health Services regarding evaluation and coordination of

initiatives related to local mental health authority operations;

(3) advise the executive commissioner and the Department of

State Health Services in developing a method of contracting with

local mental health authorities that will result in contracts

that are flexible and responsive to:

(A) the needs and services of local communities; and

(B) the department's performance expectations;

(4) coordinate with work groups whose actions may affect local

mental health authority operations;

(5) report to the executive commissioner and the Department of

State Health Services on the committee's activities and

recommendations at least once each fiscal quarter; and

(6) work with the executive commissioner or the Department of

State Health Services as the executive commissioner directs.

(e) For any written recommendation the committee makes to the

Department of State Health Services, the department shall provide

to the committee a written response regarding any action taken on

the recommendation or the reasons for the department's inaction

on the subject of the recommendation.

(f) The committee is subject to Chapter 2110, Government Code,

except that the committee is not subject to Section 2110.004 or

2110.008, Government Code. The committee is abolished on

September 1, 2017, unless the executive commissioner adopts a

rule continuing the committee in existence beyond that date.

(g) The Department of State Health Services may reimburse

consumers of mental health services and family members of

individuals with mental health needs appointed to the committee

for travel costs incurred in performing their duties as provided

in the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 8, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 79, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 3, eff. June 16, 2007.

Sec. 533.0352. LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA.

(a) Each local mental health or mental retardation authority

shall develop a local service area plan to maximize the

authority's services by using the best and most cost-effective

means of using federal, state, and local resources to meet the

needs of the local community according to the relative priority

of those needs. Each local mental health or mental retardation

authority shall undertake to maximize federal funding.

(b) A local service area plan must be consistent with the

purposes, goals, and policies stated in Section 531.001 and the

department's long-range plan developed under Section 533.032.

(c) The department and a local mental health or mental

retardation authority shall use the local authority's local

service plan as the basis for contracts between the department

and the local authority and for establishing the local

authority's responsibility for achieving outcomes related to the

needs and characteristics of the authority's local service area.

(d) In developing the local service area plan, the local mental

health or mental retardation authority shall:

(1) solicit information regarding community needs from:

(A) representatives of the local community;

(B) consumers of community-based mental health and mental

retardation services and members of the families of those

consumers;

(C) consumers of services of state schools for persons with

mental retardation, members of families of those consumers, and

members of state school volunteer services councils, if a state

school is located in the local service area of the local

authority; and

(D) other interested persons; and

(2) consider:

(A) criteria for assuring accountability for, cost-effectiveness

of, and relative value of service delivery options;

(B) goals to minimize the need for state hospital and community

hospital care;

(C) goals to ensure a client with mental retardation is placed

in the least restrictive environment appropriate to the person's

care;

(D) opportunities for innovation to ensure that the local

authority is communicating to all potential and incoming

consumers about the availability of services of state schools for

persons with mental retardation in the local service area of the

local authority;

(E) goals to divert consumers of services from the criminal

justice system;

(F) goals to ensure that a child with mental illness remains

with the child's parent or guardian as appropriate to the child's

care; and

(G) opportunities for innovation in services and service

delivery.

(e) The department and the local mental health or mental

retardation authority by contract shall enter into a performance

agreement that specifies required standard outcomes for the

programs administered by the local authority. Performance related

to the specified outcomes must be verifiable by the department.

The performance agreement must include measures related to the

outputs, costs, and units of service delivered. Information

regarding the outputs, costs, and units of service delivered

shall be recorded in the local authority's automated data

systems, and reports regarding the outputs, costs, and units of

service delivered shall be submitted to the department at least

annually as provided by department rule.

(f) The department and the local mental health or mental

retardation authority shall provide an opportunity for community

centers and advocacy groups to provide information or assistance

in developing the specified performance outcomes under Subsection

(e).

Added by Acts 2003, 78th Leg., ch. 358, Sec. 1, eff. June 18,

2003.

Renumbered from Health and Safety Code, Section 533.0354 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(52), eff. September 1, 2005.

Sec. 533.03521. LOCAL NETWORK DEVELOPMENT PLAN CREATION AND

APPROVAL. (a) A local mental health authority shall develop a

local network development plan regarding the configuration and

development of the local mental health authority's provider

network. The plan must reflect local needs and priorities and

maximize consumer choice and access to qualified service

providers.

(b) The local mental health authority shall submit the local

network development plan to the Department of State Health

Services for approval.

(c) On receipt of a local network development plan under this

section, the department shall review the plan to ensure that the

plan:

(1) complies with the criteria established by Section 533.0358

if the local mental health authority is providing services under

that section; and

(2) indicates that the local mental health authority is

reasonably attempting to solicit the development of a provider

base that is:

(A) available and appropriate; and

(B) sufficient to meet the needs of consumers in the local

authority's local service area.

(d) If the department determines that the local network

development plan complies with Subsection (c), the department

shall approve the plan.

(e) At least biennially, the department shall review a local

mental health authority's local network development plan and

determine whether the plan complies with Subsection (c).

(f) As part of a local network development plan, a local mental

health authority annually shall post on the local authority's

website a list of persons with whom the local authority had a

contract or agreement in effect during all or part of the

previous year, or on the date the list is posted, related to the

provision of mental health services.

Added by Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 4, eff. June 16, 2007.

Sec. 533.0354. DISEASE MANAGEMENT PRACTICES AND JAIL DIVERSION

MEASURES OF LOCAL MENTAL HEALTH AUTHORITIES. (a) A local mental

health authority shall ensure the provision of assessment

services, crisis services, and intensive and comprehensive

services using disease management practices for adults with

bipolar disorder, schizophrenia, or clinically severe depression

and for children with serious emotional illnesses. The local

mental health authority shall ensure that individuals are engaged

with treatment services that are:

(1) ongoing and matched to the needs of the individual in type,

duration, and intensity;

(2) focused on a process of recovery designed to allow the

individual to progress through levels of service;

(3) guided by evidence-based protocols and a strength-based

paradigm of service; and

(4) monitored by a system that holds the local authority

accountable for specific outcomes, while allowing flexibility to

maximize local resources.

(b) The department shall require each local mental health

authority to incorporate jail diversion strategies into the

authority's disease management practices for managing adults with

schizophrenia and bipolar disorder to reduce the involvement of

those client populations with the criminal justice system.

(c) The department shall enter into performance contracts

between the department and each local mental health authority for

the fiscal years ending August 31, 2004, and August 31, 2005,

that specify measurable outcomes related to their success in

using disease management practices to meet the needs of the

target populations.

(d) The department shall study the implementation of disease

management practices, including the jail diversion measures, and

shall submit to the governor, the lieutenant governor, and the

speaker of the house of representatives a report on the progress

in implementing disease management practices and jail diversion

measures by local mental health authorities. The report must be

delivered not later than December 31, 2004, and must include

specific information on:

(1) the implementation of jail diversion measures undertaken;

and

(2) the effect of disparities in per capita funding levels among

local mental health authorities on the implementation and

effectiveness of disease management practices and jail diversion

measures.

(e) The department may use the fiscal year ending August 31,

2004, as a transition period for implementing the requirements of

Subsections (a)-(c).

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1,

2003.

Sec. 533.0355. LOCAL MENTAL RETARDATION AUTHORITY

RESPONSIBILITIES. (a) The executive commissioner shall adopt

rules establishing the roles and responsibilities of local mental

retardation authorities.

(b) In adopting rules under this section, the executive

commissioner must include rules regarding the following local

mental retardation authority responsibilities:

(1) access;

(2) intake;

(3) eligibility functions;

(4) enrollment, initial person-centered assessment, and service

authorization;

(5) utilization management;

(6) safety net functions, including crisis management services

and assistance in accessing facility-based care;

(7) service coordination functions;

(8) provision and oversight of state general revenue services;

(9) local planning functions, including stakeholder involvement,

technical assistance and training, and provider complaint and

resolution processes; and

(10) processes to assure accountability in performance,

compliance, and monitoring.

(c) In determining eligibility under Subsection (b)(3), a local

mental retardation authority must offer a state school as an

option among the residential services and other community living

options available to an individual who is eligible for those

services and who meets the department's criteria for state school

admission, regardless of whether other residential services are

available to the individual.

(d) In establishing a local mental retardation authority's role

as a qualified service provider of ICF-MR and related waiver

programs under Section 533.035(e-1), the executive commissioner

shall require the local mental retardation authority to:

(1) base the local authority's provider capacity on the local

authority's August 2004 enrollment levels for the waiver programs

the local authority operates and, if the local authority's

enrollment levels exceed those levels, to reduce the levels by

attrition; and

(2) base any increase in the local authority's provider capacity

on:

(A) the local authority's state-mandated conversion from an

ICF-MR program to a Section 1915(c) waiver program allowing for a

permanent increase in the local authority's provider capacity in

accordance with the number of persons who choose the local

authority as their provider;

(B) the local authority's voluntary conversion from an ICF-MR

program to a Section 1915(c) waiver program allowing for a

temporary increase in the local authority's provider capacity, to

be reduced by attrition, in accordance with the number of persons

who choose the local authority as their provider;

(C) the local authority's refinancing from services funded

solely by state general revenue to a Medicaid program allowing

for a temporary increase in the local authority's provider

capacity, to be reduced by attrition, in accordance with the

number of persons who choose the local authority as their

provider; or

(D) other extenuating circumstances that:

(i) are monitored and approved by the Department of Aging and

Disability Services;

(ii) do not include increases that unnecessarily promote the

local authority's provider role over its role as a local mental

retardation authority; and

(iii) may include increases necessary to accommodate a

family-specific or consumer-specific circumstance and choice.

(e) Any increase based on extenuating circumstances under

Subsection (d)(2)(D) is considered a temporary increase in the

local mental retardation authority's provider capacity, to be

reduced by attrition.

(f) At least biennially, the Department of Aging and Disability

Services shall review and determine the local mental retardation

authority's status as a qualified service provider in accordance

with criteria that includes the consideration of the local

authority's ability to assure the availability of services in its

area, including:

(1) program stability and viability;

(2) the number of other qualified service providers in the area;

and

(3) the geographical area in which the local authority is

located.

(g) The Department of Aging and Disability Services shall ensure

that local services delivered further the following goals:

(1) to provide individuals with the information, opportunities,

and support to make informed decisions regarding the services for

which the individual is eligible;

(2) to respect the rights, needs, and preferences of an

individual receiving services; and

(3) to integrate individuals with mental retardation and

developmental disabilities into the community in accordance with

relevant independence initiatives and permanency planning laws.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.76, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

478, Sec. 5, eff. June 16, 2007.

Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In

this section, "commission" means the Texas Commission on Alcohol

and Drug Abuse.

(b) The department and the commission jointly may designate a

local behavioral health authority in a local service area to

provide mental health and chemical dependency services in that

area. The board and the commission may delegate to an authority

designated under this section the authority and responsibility

for planning, policy development, coordination, resource

allocation, and resource development for and oversight of mental

health and chemical dependency services in that service area. An

authority designated under this section has:

(1) all the responsibilities and duties of a local mental health

authority provided by Section 533.035 and by Subchapter B,

Chapter 534; and

(2) the responsibility and duty to ensure that chemical

dependency services are provided in the service area as described

by the statewide service delivery plan adopted under Section

461.0124.

(c) In the planning and implementation of services, the

authority shall give proportionate priority to mental health

services and chemical dependency services that ensures that funds

purchasing services are used in accordance with specific

regulatory and statutory requirements that govern the respective

funds.

(d) A local mental health authority may apply to the department

and commission for designation as a local behavioral health

authority.

(e) The department and commission, by contract or by a case-rate

or capitated arrangement or another method of allocation, may

disburse money, including federal money, to a local behavioral

health authority for services.

(f) A local behavioral health authority, with the approval of

the department or the commission as provided by contract, shall

use money received under Subsection (e) to ensure that mental

health and chemical dependency services are provided in the local

service area