TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES

SUBCHAPTER D. MENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE

The Texas Health and Human Services Commission (HHSC) adopts the repeal of Texas Administrative Code, Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services--Admission, Continuity, and Discharge, §§412.151 - 412.154, 412.161 - 412.163, 412.171 - 412.179, 412.191 - 412.195, 412.201 - 412.208, 412.221, and 412.231 - 412.233. The repeal is adopted without changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44 TexReg 7316), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

As required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the adoption is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services--Admission, Continuity, and Discharge. New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services--Admission, Continuity, and Discharge are adopted elsewhere in this issue of the TexasRegister.

COMMENTS

The 31-day comment period ended December 30, 2019. During this period, HHSC did not receive comments regarding the proposed repeals.

DIVISION 1. GENERAL PROVISIONS

25 TAC §§412.151 - 412.154

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001728

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 2. SCREENING AND ASSESSMENT FOR CRISIS SERVICES AND ADMISSION INTO LMHA SERVICES--LMHA RESPONSIBILITIES

25 TAC §§412.161 - 412.163

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001729

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 3. ADMISSION TO SMHFS--SMHF RESPONSIBILITIES

25 TAC §§412.171 - 412.179

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001731

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 4. TRANSFERS AND CHANGING LMHAS

25 TAC §§412.191 - 412.195

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001732

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 5. DISCHARGE AND ATP FROM SMHF

25 TAC §§412.201 - 412.208

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001733

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 6. DISCHARGE FROM LMHA SERVICES

25 TAC §412.221

STATUTORY AUTHORITY

The repeal is adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001734

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349


DIVISION 7. TRAINING, REFERENCES, AND DISTRIBUTION

25 TAC §§412.231 - 412.233

STATUTORY AUTHORITY

The repeals are adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies. In addition, Texas Health and Safety Code §534.053 requires the Executive Commissioner of HHSC to adopt rules ensuring the provision of community-based mental health services and §534.058 authorizes the Executive Commissioner to develop standards of care for services provided by LMHAs and their subcontractors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 30, 2020.

TRD-202001735

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: May 20, 2020

Proposal publication date: November 29, 2019

For further information, please call: (512) 838-4349