in the community
. The department has the authority
and responsibility for operating state schools.
Regarding the phrase "to assist in carrying out the policies of the state
to assure treatment of persons in their own communities, when appropriate
and feasible" in number 3 of Section II of the Exhibit A figure in §411.314(1),
two commenters agreed with the statement and expressed appreciation that the
rule acknowledges "the community" is not the only appropriate and feasible
place for persons to receive services. The department appreciates the commenters'
agreement.
These sections are adopted under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board (board) with broad rulemaking authority; §534.001(e), which requires
the board to adopt rules specifying the elements that must be included in
a community center's plan, and prescribing the procedure for submitting, approving,
and modifying a center's plan; §534.006(a), which requires the board
to adopt rules establishing an annual training program for members of boards
of trustees; §534.021(a), which requires the board to adopt rules describing
the approval and notification process relating to the acquisition of real
property by a community center; §534.035(a), which requires the adoption
of rules establishing review and audit procedures that provide reasonable
assurance a community center has adequate and appropriate fiscal controls;
and §534.038(d), which requires the board to adopt rules prescribing
the process for a community center to appeal the commissioner's decision to
appoint a manager or management team to manage and operate the center.
§411.305.Process to Establish a New Community Center.
(a)
Letter of intent. If a local agency decides to establish
a new community center, then the local agency submits a letter of intent to
the commissioner outlining the proposed new center's region, governing structure,
and other information pertinent to the formation of the proposed new center.
(1)
If the local agency submitting the letter of intent is
not a county or counties, the letter must be accompanied by a letter of endorsement
from the appropriate county judge or judges.
(2)
The commissioner designates staff who are knowledgeable
of community center operations to review the letter of intent using the following
criteria:
(A)
the rationale clearly supports the benefits of establishing
a new center over affiliation with an existing center and the establishment
of a new center is consistent with the department's mission for the development
of community services in Texas;
(B)
the population of the region of the proposed new center
is at least 200,000 or large enough to support a center;
(C)
comprehensive array of mental health and mental retardation
services will be provided;
(D)
the extent of the local contribution supports the intent;
and
(E)
providing services efficiently is financially viable.
(3)
The commissioner's response to the local agency's
letter of intent is based on the review described in paragraph (2) of this
subsection and is sent to the local agency by certified mail, return receipt
requested.
(A)
If the commissioner approves the letter of intent, the
response includes notification of such approval.
(B)
If the commissioner does not approve the letter of intent,
the response includes the reasons for disapproval.
(b)
Appointment of board of trustees. If the local agency receives
approval of its letter of intent, then it prescribes the criteria and procedures
for the appointment of members of a board of trustees as described in the
Texas Health and Safety Code, §534.002 or §534.003, and §534.004, §534.005,
and §534.0065. The local agency prescribes and makes available for public
review the elements listed in the Texas Health and Safety Code, §534.004(a).
If more than one agency is involved, the local agencies shall enter into a
contract of interlocal agreement that stipulates the number of board members
and the group from which the members are chosen, as provided in the Texas
Health and Safety Code, §534.003(c). The local agencies may renegotiate
or amend the contract of interlocal agreement as necessary to change the:
(1)
method of choosing the board of trustees members; or
(2)
membership of the board of trustees to more accurately
reflect the ethnic and geographical diversity of the region's population.
(c)
Initial plan.
(1)
Submission. The board of trustees develops and submits
to the commissioner an initial written plan to provide effective mental health
and mental retardation services to the residents of the proposed region. The
board of trustees shall appoint a mental health planning advisory council
and a mental retardation planning advisory council, each with at least 50%
representation of persons who have received or are receiving services or their
family members, to assist in developing the initial plan. The board of trustees
shall also seek input through a public process (e.g., public hearings, focus
groups, town meetings) from the citizens in the proposed region regarding
local needs and priorities. The initial plan must include the following elements:
(A)
a comprehensive service description, which includes:
(i)
a statement of the mission, vision, values, and principles
which provide the foundation of the proposed community center's local service
delivery system;
(ii)
a definition of all populations to be served;
(iii)
a description of relevant internal and external assessments
and evaluations which may provide direction for the local strategic planning
process;
(iv)
a statement of local service needs and priorities to be
addressed through a combination of resource development, expansion, reduction,
and termination with the local service delivery system with the rationales
for these selections;
(v)
a summary of needs assessment data and processes used in
the determination of local service needs and priorities;
(vi)
identified gaps in services and supports in the local
service delivery system which may assist in the determination of local service
needs and priorities;
(vii)
a description of existing local mental health and mental
retardation resources and planned resource development activities;
(viii)
a statement regarding innovative services considered
and how these affect the local strategic planning process;
(ix)
a statement of management needs and priorities to support
an effective and efficient local service delivery system; and
(x)
plan objectives, strategies, and outcomes.
(B)
a charter in the format shown in "Charter To Be a Community
MHMR Center," referenced as Exhibit A of §411.314 of this title (relating
to Exhibits).
(C)
a prospectus, which describes:
(i)
any proposed transfer of funds, assets, liabilities, personnel,
and consumer and administrative records/information from state-operated community
services (SOCS) or other community centers and the time frames for transfer;
(ii)
any identified additional available funds;
(iii)
the arrangements for uninterrupted delivery of services;
and
(iv)
the impact, and resolution if warranted, of current contractual
obligations.
(2)
Review. The commissioner designates staff
who are knowledgeable of community center operations to review the initial
plan. The designated staff may verify the information contained in the initial
plan. If additional information or changes are required for the commissioner
to recommend approval, then the commissioner will notify in writing the board
of trustees and specify requirements for resubmission, including time frames.
(3)
Notification of intended recommendation. The department
notifies the board of trustees of the commissioner's intention to recommend
approval or disapproval of the initial plan to the Texas MHMR Board. If the
commissioner intends to recommend disapproval or partial disapproval, then:
(A)
the board of trustees may request an administrative hearing
"proposal for decision" in accordance with §§411.153 - 411.158 of
Chapter 411, Subchapter D of this title (relating to Administrative Hearings
of the Department in Contested Cases). The hearing is not a hearing of a contested
case under the Administrative Procedures Act and is limited to issues related
to the initial plan. After all evidence has been heard, the administrative
law judge closes the hearing. Within 30 days from the date the hearing closed,
the administrative law judge submits a written proposal for decision to the
commissioner;
(B)
the commissioner will accept the administrative law judge's
recommendation in the proposal for decision unless the commissioner finds
that the recommendation is not supported by substantial evidence; and
(C)
the department notifies the board of trustees of the commissioner's
decision to recommend approval or disapproval of the initial plan to the Texas
MHMR Board. If disapproval will be recommended, then no other appeal process
is available.
(4)
Approval or disapproval. The commissioner recommends
approval or disapproval of the initial plan to the Texas MHMR Board. The commissioner
may recommend approval of portions of the initial plan and disapproval of
other portions. The commissioner's recommendation shall include a written
assessment of the initial plan by staff. A recommendation of approval requires
that the assessment confirms that the initial plan properly fulfills the requirements
of paragraph (1) of this subsection to provide a comprehensive array of mental
health and mental retardation services, including screening and continuing
care services in accordance with the Texas Health and Safety Code, §534.016.
(A)
If the Texas MHMR Board approves the initial plan in its
entirety, then the department issues a certificate of recognition as a community
center.
(B)
If the Texas MHMR Board approves portions of the initial
plan and such approved portions properly fulfill the requirements of paragraph
(1) of this subsection, then it instructs the official record to reflect such
portions as the approved initial plan in its entirety and the department issues
a certificate of recognition as a community center.
(C)
If the Texas MHMR Board does not approve the initial plan,
then the department provides written notification to the board of trustees
in a timely manner of the reasons for disapproval and the requirements for
resubmission, including time frames.
(5)
Community center operations. A community center
may perform and operate only for the purposes and functions defined in its
current plan.
§411.306.Updating a Community Center's Current Plan.
(a)
Submission. On an assigned three-year cycle, or as requested
by the Texas MHMR Board, or as necessary, the board of trustees of a community
center shall submit to the commissioner an update of its current plan, which
reflects the center's purposes and functions. The updated plan shall be in
the format shown in "Charter To Be a Community MHMR Center," referenced as
Exhibit A of §411.314 of this title (relating to Exhibits).
(b)
Review. The commissioner designates staff who are knowledgeable
of community center operations to review the updated plan. The designated
staff may verify the information contained in the updated plan. If additional
information or changes are required for the commissioner to recommend approval,
then the commissioner will notify in writing the board of trustees and specify
requirements for resubmission, including time frames.
(c)
Notification of intended recommendation. The department
notifies the board of trustees of the commissioner's intention to recommend
approval or disapproval of the updated plan to the Texas MHMR Board. If the
commissioner intends to recommend disapproval or partial disapproval, then:
(1)
the board of trustees may request an administrative hearing
"proposal for decision" in accordance with §§411.153 - 411.158 of
Chapter 411, Subchapter D of this title (relating to Administrative Hearings
of the Department in Contested Cases). The hearing is not a hearing of a contested
case under the Administrative Procedures Act and is limited to issues related
to the updated plan. After all evidence has been heard, the administrative
law judge closes the hearing. Within 30 days from the date the hearing closed,
the administrative law judge submits a written proposal for decision to the
commissioner;
(2)
the commissioner will accept the administrative law
judge's recommendation in the proposal for decision unless the commissioner
finds that the recommendation is not supported by substantial evidence; and
(3)
the department notifies the board of trustees of the
commissioner's decision to recommend approval or disapproval of the updated
plan to the Texas MHMR Board. If disapproval will be recommended, then no
other appeal process is available.
(d)
Approval or disapproval. The commissioner recommends approval
or disapproval of the updated plan to the Texas MHMR Board. The commissioner
may recommend approval of portions of the updated plan and disapproval of
other portions. The commissioner's recommendation shall include a written
assessment of the updated plan by staff. A recommendation of approval requires
that the assessment confirm that the updated plan properly fulfills the requirements
contained in "Charter To Be a Community MHMR Center," referenced as Exhibit
A of §411.314 of this title (relating to Exhibits), to provide a comprehensive
array of mental health and mental retardation services, including screening
and continuing care services in accordance with the Texas Health and Safety
Code, §534.016.
(1)
If the Texas MHMR Board approves the updated plan in its
entirety, then the department issues an updated a certificate of recognition
as a community center.
(2)
If the Texas MHMR Board approves portions of the updated
plan and such approved portions properly fulfill the requirements contained
in "Charter To Be a Community MHMR Center," referenced as Exhibit A of §411.314
of this title (relating to Exhibits), then it instructs the official record
to reflect such portions as the approved updated plan in its entirety and
the department issues an updated certificate of recognition as a community
center.
(3)
If the Texas MHMR Board does not approve the updated
plan, then the department provides written notification to the board of trustees
in a timely manner of the reasons for disapproval and the requirements for
resubmission, if any, including time frames and the functions the community
center may perform pending approval. If the Texas MHMR Board does not provide
requirements for resubmission then the department no longer recognizes the
entity as a community center.
(e)
Community center operations. A community center may perform
and operate only for the purposes and functions defined in its current plan
or as provided for in subsection (d)(3) of this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 5, 2000.
TRD-200003167
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: May 25, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 206-5216