Sec. 533.0358. LOCAL MENTAL HEALTH AUTHORITY'S PROVISION OF SERVICES AS PROVIDER OF LAST RESORT. (a) A local mental health authority may serve as a provider of services under Section 533.035(e) only if, through the local network development plan process, the local authority determines that at least one of the following applies:
(1) interested qualified service providers are not available to provide services or no service provider meets the local authority's procurement requirements;
(2) the local authority's network of providers does not provide a minimum level of consumer choice by:
(A) presenting consumers with two or more qualified service providers in the local authority's network for service packages; and
(B) presenting consumers with two or more qualified service providers in the local authority's network for specific services within a service package;
(3) the local authority's provider network does not provide consumers in the local service area with access to services at least equal to the level of access provided as of a date the executive commissioner specifies;
(4) the combined volume of services delivered by qualified service providers in the local network does not meet all of the local authority's service capacity for each service package identified in the local network development plan;
(5) the performance of the services by the local authority is necessary to preserve critical infrastructure and ensure continuous provision of services; or
(6) existing contracts or other agreements restrict the local authority from contracting with qualified service providers for services in the local network development plan.
(b) If a local mental health authority continues to provide services in accordance with this section, the local authority shall identify in the local authority's local network development plan:
(1) the proportion of its local network services that the local authority will provide; and
(2) the local authority's basis for its determination that the local authority must continue to provide services.
Added by Acts 2007, 80th Leg., R.S., Ch. 478 (H.B. 2439), Sec. 6, eff. June 16, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability
Chapter 533 - Powers and Duties of Department of State Health Services
Subchapter B. Powers and Duties Relating to Provision of Mental Health Services
Section 533.032. Long-Range Planning
Section 533.0325. Continuum of Services in Campus Facilities
Section 533.033. Determination of Required Range of Mental Health Services
Section 533.034. Authority to Contract for Community-Based Services
Section 533.0345. State Agency Services Standards
Section 533.035. Local Mental Health Authorities
Section 533.0351. Required Composition of Local Mental Health Authority Governing Body
Section 533.0352. Local Authority Planning for Local Service Area
Section 533.03521. Local Network Development Plan Creation and Approval
Section 533.0356. Local Behavioral Health Authorities
Section 533.0357. Best Practices Clearinghouse for Local Mental Health Authorities
Section 533.0358. Local Mental Health Authority's Provision of Services as Provider of Last Resort
Section 533.0359. Rulemaking for Local Mental Health Authorities
Section 533.037. Service Programs and Sheltered Workshops
Section 533.040. Services for Children and Youth
Section 533.0415. Memorandum of Understanding on Interagency Training
Section 533.042. Evaluation of Elderly Residents
Section 533.043. Proposals for Geriatric, Extended, and Transitional Care
Section 533.051. Allocation of Outpatient Mental Health Services and Beds in State Hospitals