Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Chapter 403.
OTHER AGENCIES AND THE PUBLIC
Subchapter B. CHARGES FOR COMMUNITY-BASED SERVICES
25 TAC §§403.41 - 403.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Mental Health and Mental Retardation or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The Texas Department of Mental Health and Mental
Retardation (TDMHMR) proposes the repeals of §§403.41 - 403.53 of
Chapter 403, Subchapter B, concerning charges for community-based services.
New §§412.101 - 412.114 of Chapter 412, Subchapter C, concerning
charges for community services, which would replace the repealed sections,
are contemporaneously proposed in this issue of the
Texas Register
.
The repeals would allow for the adoption of new and more current rules
governing the same matters. The proposal would also fulfill the requirements
of the Texas Government Code, §2001.039, concerning the periodic review
of agency rules.
Gerry McKimmey, deputy commissioner for community programs, has determined
that for each year of the first five years the proposed repeals are in effect,
the proposed repeals do not have foreseeable implications relating to costs
or revenues of the state or local governments.
Sam Shore, director, Behavioral Health Services, has determined that, for
each year of the first five years the proposed repeals are in effect, the
public benefit expected is the adoption of new and more current rules governing
the same matters. It is anticipated that there would be no economic cost to
persons required to comply with the proposed repeals.
It is not anticipated that the proposed repeals will affect a local economy.
It is not anticipated that the proposed repeals will have an adverse economic
effect on small businesses or micro-businesses because the proposed repeals
do not place requirements on small businesses or micro-businesses.
Written comments on the proposed repeals may be sent to Linda Logan, director,
Policy Development, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.
These sections are proposed for repeal under the Texas Health
and Safety Code, §532.015, which provides the Texas Board of Mental Health
and Mental Retardation (board) with broad rulemaking authority, and §534.067,
which requires TDMHMR to establish a uniform fee collection policy for all
local authorities that is equitable, provides for collections, and maximizes
contributions to local revenue.
The proposed sections would affect the Texas Health and Safety Code, §534.067.
§403.41.Purpose.
§403.42.Application.
§403.43.Definitions.
§403.44.Principles.
§403.45.Financial Assessment.
§403.46.Determination of Ability to Pay.
§403.47.Rates.
§403.48.Billing Procedures.
§403.49.Monthly Ability-to-Pay Fee Schedule.
§403.50.Training.
§403.51.Information for Persons.
§403.52.References.
§403.53.Distribution.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 12, 2001.
TRD-200100866
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 206-5216
Subchapter C. CHARGES FOR COMMUNITY SERVICES
25 TAC §§412.101 - 412.114
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) proposes new §§412.101 - 412.114 of new Chapter 412, Subchapter
C, concerning charges for community services. The repeals of §§403.41
- 403.53 of Chapter 403, Subchapter B, concerning charges for community-based
services, which the new sections would replace, are contemporaneously proposed
in this issue of the
Texas Register
.
The proposed new sections describe TDMHMR's uniform fee collection policy
for all local authorities that is equitable, provides for collections, and
maximizes contributions to local revenue as required by the Texas Health and
Safety Code, §534.067.
The proposed sections would fulfill the requirements of the Texas Government
Code, §2001.039, concerning the periodic review of agency rules.
Gerry McKimmey, deputy commissioner for community programs, has determined
that for each year of the first five years the proposed sections are in effect,
enforcing or administering the sections does not have foreseeable implications
relating to costs or revenues of the state or local governments.
Sam Shore, director, Behavioral Health Services, has determined that, for
each year of the first five years the proposed sections are in effect, the
public benefit expected is the implementation of a uniform fee collection
policy for all local authorities that is equitable, provides for collections,
and maximizes contributions to local revenue. It is anticipated that there
would be no additional economic cost to persons required to comply with the
proposed sections because the sections do not place additional requirements
related to costs on such persons than those in the sections proposed for repeal.
It is not anticipated that the proposed sections will affect a local economy.
It is not anticipated that the proposed sections will have an adverse economic
effect on small businesses or micro-businesses because the sections do not
place additional requirements on small or micro-businesses than those in the
sections proposed for repeal.
Written comments on the proposed sections may be sent to Linda Logan, director,
Policy Development, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.
These new sections are proposed under the Texas Health and Safety
Code, §532.015, which provides the Texas Board of Mental Health and Mental
Retardation (board) with broad rulemaking authority, and §534.067, which
requires TDMHMR to establish a uniform fee collection policy for all local
authorities that is equitable, provides for collections, and maximizes contributions
to local revenue.
The proposed sections would affect the Texas Health and Safety Code, §534.067.
§412.101.Purpose.
(a)
The purpose of this subchapter is to comply with the Texas
Health and Safety Code, §534.067, and the Health Care Financing Administration's
interpretation of the Social Security Act, Section 1902(a)(17)(B) (which prohibits
Medicaid payments for a free service), by establishing a uniform fee collection
policy for local authorities for community services contracted for through
the performance contract that are funded by TDMHMR and required local match
and provided to members of the priority population that:
(1)
is equitable;
(2)
provides for collections; and
(3)
maximizes contributions to local revenue.
(b)
The provisions of this subchapter are not intended to preempt
payment for community services by other funding sources (e.g., Texas Commission
on Alcohol and Drug Abuse, Texas Department of Criminal Justice, third-party
coverage).
§412.102.Application.
(a)
This subchapter applies to all local authorities for community
services contracted for through the performance contract that are funded by
TDMHMR and required local match and provided to members of the priority population.
(b)
This subchapter does not apply to:
(1)
programs and services that are prohibited by statute or
regulation from charging fees to persons served (e.g., Early Childhood Intervention
Program);
(2)
the TDMHMR In-Home and Family Support Program;
(3)
community-based residential services and inpatient services;
and
(4)
specialized services mandated by the Omnibus Budget Reconciliation
Act (OBRA) of 1987, as amended by OBRA 90, for preadmission screening and
annual resident reviews (PASARR) provided to non-Medicaid eligible persons.
§412.103.Definitions.
The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise.
(1)
Ability to pay - A person has third-party coverage that
will pay for needed services, the person's maximum monthly fee is greater
than zero, or the person has identified payment for a needed service or services
in an approved plan utilizing Social Security work incentive provisions (i.e.,
(2)
Community services or services - Mental health and mental
retardation services required to be available in each local service area pursuant
to the Texas Health and Safety Code, §534.053(a), for which TDMHMR contracts
through the performance contract. A list of community services is available:
(A)
on the Internet at www.mhmr.state.tx.us and by searching
"performance contract"; or
(B)
by contacting the local authority's administrative offices.
(3)
Family members -
(A)
Unmarried person under the age of 18 - The person, the
person's parents, and the dependents of the parents, if residing in the same
household;
(B)
Unmarried person age 18 or older - The person and his/her
dependents;
(C)
Married person of any age - The person, his/her spouse,
and their dependents.
(4)
Gross income - Revenue from all sources before taxes and
other payroll deductions.
(5)
Inability to pay - A person's maximum monthly fee is zero
and:
(A)
the person does not have third-party coverage;
(B)
the person has third-party coverage, but the person has
exceeded the maximum benefit of the covered service(s) or the third-party
coverage will not pay because the services needed by the person are not covered
services; or
(C)
the person has not identified payment for a needed service
or services in an approved plan utilizing Social Security work incentive provisions
(i.e.,
Plan to Achieve Self-Sufficiency; Impairment
Related Work Expense
).
(6)
Income-based public insurance - Government funded third-party
coverage that bases eligibility and/or co-payments and deductibles on a person's
(or parents') income (i.e., Medicaid and CHIP).
(7)
Local authority - An entity designated by the TDMHMR commissioner
in accordance with the Texas Health and Safety Code, §533.035(a).
(8)
Local match - Funds or in-kind support from a local authority
as required by the Texas Health and Safety Code, §534.066.
(9)
Performance contract - The contract between TDMHMR and
a local authority in which TDMHMR agrees to pay the local authority a specified
sum and in which the local authority agrees to provide local match, for, at
a minimum, ensuring and/or monitoring the provision of specified mental health
and mental retardation services in a local service area.
(10)
Person - A person in the priority population who is seeking
or receiving services through a local authority.
(11)
Priority population - Those groups of persons with mental
illness or mental retardation identified in TDMHMR's current strategic plan
as being most in need of mental health and/or mental retardation services.
(12)
Rate - A fixed price for a service that represents the
service's monetary value.
(13)
Third-party coverage - A public or private payor of community
services that is not the person (e.g., Medicaid, Medicare, private insurance,
CHIP, CHAMPUS).
§412.104.Principles.
TDMHMR supports the following principles:
(1)
Persons are charged for services based on their ability
to pay.
(2)
Procedures for determining ability to pay are fair, equitable,
and consistently implemented.
(3)
Paying for services in accordance with his/her ability
to pay acknowledges the dignity of the person.
(4)
Paying for services in accordance with his/her ability
to pay reinforces the role of the person as a customer, having the right and
responsibility to influence the provision of those services.
(5)
Earned revenues are optimized.
§412.105.Accountability.
(a)
Prohibition from denying services. Local authorities are
prohibited from denying services:
(1)
to a person because of the person's inability to pay for
the services;
(2)
to a person in a crisis or emergency because a financial
assessment has not been completed, financial responsibility has not been determined,
or the person has a past-due account; or
(3)
pending resolution of an issue relating solely to payment
for services, including failure of the person (or parent) to comply with any
requirement in subsections (b)-(e) of this section.
(b)
Requirement to apply for Medicaid benefits. Parents whose
children may be eligible for Medicaid and persons who may be eligible for
Medicaid must apply for Medicaid or provide documentation that they have been
denied Medicaid or that their Medicaid application is pending.
(c)
Requirement to enroll in CHIP. Parents of children who
may be eligible for the Childrens Health Insurance Program (CHIP) must enroll
in CHIP or provide documentation that they have been denied CHIP benefits
or that their CHIP enrollment is pending.
(d)
Financial documentation. If requested by the local authority,
persons (or parents) must provide the following financial documentation:
(1)
annual or monthly gross income/earnings, if any;
(2)
extraordinary expenses (i.e. major medical or health related
expenses; major casualty losses; child care expenses for the previous year
or projections for the next year);
(3)
number of family members; and
(4)
proof of any third-party coverage.
(e)
Permission to bill third-party coverage. Persons with third-party
coverage must execute an assignment of benefits (i.e., give the local authority
permission to bill the third-party coverage).
(f)
Failure to comply. A person's (or parent's) failure to
comply with any requirement in subsections (b)-(e) of this section will result
in the person (or parent) being charged the standard rate(s) for services,
established in accordance with §412.107(a) of this title (relating to
Rates), unless the person's interdisciplinary or multidisciplinary team makes
a clinical determination that failure to comply is related to the person's
mental illness or mental retardation or enforcement of the requirement would
result in a reduction in functioning of the person or the person's refusal
or rejection of the needed services. This determination requires clinical
documentation and must be reassessed by the team at least every three months.
§412.106.Determination of Ability to Pay.
(a)
Financial assessment. A financial assessment must be completed
and documented for each person within the first 30 days of services and updated
at least annually, or whenever significant financial changes occur, as long
as the person continues to receive services. The financial assessment is accomplished
using the financial documentation listed in §412.105(d) of this title
(relating to Accountability), which represents the finances of the:
(1)
person who is age 18 or older and the person's spouse;
or
(2)
parents of the person who is under 18 years of age.
(b)
Maximum monthly fee. A person's maximum monthly fee is
based on the financial assessment and calculated using the Monthly Ability-To-Pay
Fee Schedule, referenced as Exhibit A in §412.112 of this title (relating
to Exhibit). The calculation is based on the number of family members, annual
gross income reduced by extraordinary expenses paid during the past 12 months
or projected for the next 12 months. No other sliding scale is used.
(1)
A maximum monthly fee that is greater than zero is established
for persons who are determined as having an ability to pay. If two or more
members of the same family are receiving services, then the maximum monthly
fee is for the family.
(2)
A maximum monthly fee of zero is established for persons
who are determined as having an inability to pay.
(c)
Third-party coverage.
(1)
A person with third-party coverage that will pay for needed
services is determined as having an ability to pay for those services.
(2)
If the person's third-party coverage will not pay for needed
services because the local authority provider is not an approved provider,
then the local authority will refer the person to his/her third-party coverage
to identify a provider for which the third-party coverage will pay.
(3)
An exception to the provision described in paragraph (2)
of this subsection is if the local authority is identified as being responsible
for providing court-ordered outpatient services to the person.
(d)
Social Security work incentive provisions. A person has
an ability to pay if the person identified payment for a needed service or
services in his/her approved plan utilizing Social Security work incentive
provisions (i.e.,
Plan to Achieve Self-Sufficiency;
Impairment Related Work Expense
). Persons are not required to identify
payment for any service for which they may be eligible as part of their approved
plan for utilizing the Social Security work incentive provisions.
(e)
Notification. Written notification is provided to the person
(or parents) that includes:
(1)
the determination of whether the person (or parent) has
an ability or an inability to pay;
(2)
a copy of the financial assessment form that is signed
by the person (or parent) and a copy of the Monthly Ability-to-Pay Fee Schedule,
with the applicable areas indicated (i.e., annual gross income, number of
household members, etc.);
(3)
the amount of the maximum monthly fee;
(4)
a statement that the person (or parent) may discuss with
the interdisciplinary or multidisciplinary team any concerns the person (or
parent) may have regarding the information contained in the written notification;
and
(5)
a statement that the person (or parent) may voluntarily
pay more than the maximum monthly fee.
§412.107.Standard Rates.
(a)
Each local authority must establish, at least annually,
a reasonable standard rate for each community service.
(b)
The rate for a service provided to a Medicaid recipient
that is reimbursed by Medicaid is the current approved Medicaid rate for the
service. The rate for the same service provided to a person who is not a Medicaid
recipient may not be less than the current approved Medicaid rate, but may
be more if the current approved Medicaid rate does not cover the actual cost
of the service.
§412.108.Billing Procedures.
(a)
Monthly services charge. All services provided during a
month, and the standard rates for those services, are listed as the person's
monthly services charge. Each service listed is identified as being covered
by third-party coverage or as not being covered by third-party coverage. If
a person has exceeded the maximum benefit of a particular covered service,
then that service is identified as not being covered by third-party coverage.
(b)
Billing third-party coverage. The third-party coverage
is billed the monthly services charge for covered services.
(1)
Third-party coverage that is not income-based public insurance.
(A)
If the local authority has a contract with the person's
third-party coverage, then payment made by the third-party coverage for a
covered service plus any applicable co-payment made by the person is full
payment for that service.
(B)
If the local authority does not have a contract with the
person's third-party coverage and if a balance remains after payment from
the third-party coverage or if the third-party coverage will not pay for a
covered service because the deductible hasn't been met, then the balance or
deductible is applied toward the person's maximum monthly fee.
(2)
Income-based public insurance. Payment made by income-based
public insurance for a covered service plus payment made by the person for
any applicable co-payment and/or deductible is full payment for that service,
(i.e.,:
(A)
for Medicaid recipients, Medicaid reimbursement is full
payment; and
(B)
for CHIP recipients, CHIP reimbursement plus the recipient's
co-payment and/or deductible payment is full payment).
(c)
Billing the person (or parents).
(1)
No third-party coverage. If the monthly services charge
amount:
(A)
exceeds the person's maximum monthly fee, then the amount
is reduced to equal the maximum monthly fee and the person (or parent) is
billed the maximum monthly fee; or
(B)
is less than the person's maximum monthly fee, then the
person (or parent) is billed the amount.
(2)
Third-party coverage that is not income-based public insurance.
(A)
If the local authority has a contract with the person's
third-party coverage and:
(i)
the amount of all co-payments described in subsection (b)(1)(A)
of this section exceeds the person's maximum monthly fee, then the amount
is reduced to equal the maximum monthly fee and the person (or parent) is
billed the maximum monthly fee. The person (or parent) is not billed for services
not covered by third-party coverage, if any; or
(ii)
the amount of all co-payments described in subsection
(b)(1)(A) of this section does not exceed the person's maximum monthly fee,
then the monthly services charge amount for services not covered by third-party
coverage is added to equal the total amount. If the total amount:
(I)
exceeds the person's maximum monthly fee, then the total
amount is reduced to equal the maximum monthly fee and the person (or parent)
is billed the maximum monthly fee; or
(II)
is less than the person's maximum monthly fee, then the
person (or parent) is billed the total amount.
(B)
If the local authority does not have a contract with the
person's third-party coverage, then the balance or deductible applied toward
the person's maximum monthly fee as described in subsection (b)(1)(B) of this
section is added to the monthly services charge amount for services not covered
by third-party coverage to equal the total amount. If the total amount:
(i)
exceeds the person's maximum monthly fee, then the total
amount is reduced to equal the maximum monthly fee and the person (or parent)
is billed the maximum monthly fee; or
(ii)
is less than the person's maximum monthly fee, then the
person (or parent) is billed the total amount.
(3)
Income-based public insurance.
(A)
If the amount of all co-payments and deductibles described
in subsection (b)(2) of this section exceeds the person's maximum monthly
fee, then the person (or parent) is billed the amount. The person (or parent)
is not billed for services not covered by third-party coverage, if any.
(B)
If the amount of co-payments and deductibles described
in subsection (b)(2) of this section does not exceed the person's maximum
monthly fee, then the monthly services charge amount for services not covered
by third-party coverage is added to equal the total amount. If the total amount:
(i)
exceeds the person's maximum monthly fee, then the total
amount is reduced to equal the maximum monthly fee and the person (or parent)
is billed the maximum monthly fee; or
(ii)
is less than the person's maximum monthly fee, then the
person (or parent) is billed the total amount.
(4)
Social Security work incentive provisions. A person may
be charged for specific services listed on the monthly services charge if
the person identified payment for such services in his/her approved plan utilizing
Social Security work incentive provisions (i.e.,
Plan to Achieve Self-Sufficiency; Impairment Related Work Expense
).
(d)
Statements.
(1)
Persons (and parents) who have been determined as having
the ability to pay are sent monthly or quarterly statements that include:
(A)
an itemized list, at least by date and by type, of all
services received;
(B)
the standard rate for each service;
(C)
the total charge for the period;
(D)
the amount paid (or to be paid) by third-party coverage,
if any;
(E)
the amount that is being reduced, if any; and
(F)
the amount to be paid.
(2)
Unless requested, statements are not sent to persons with
an ability to pay if they maintain a zero balance (i.e., the person does not
currently owe any money).
(3)
Unless requested, statements are not be sent to persons
who have been determined as having an inability to pay.
§412.109.Payment and Exemptions.
(a)
Payment.
(1)
Persons (and parents) are expected to promptly pay all
charges owed.
(2)
If a person (or parent) claims, and provides documentation,
that financial hardship prevents prompt payment of all charges owed, then
the local authority may arrange for the person (or parent) to pay a lesser
amount each month. Although the person (or parent) will pay a lesser amount
each month because a portion of the charges will be deferred, the person (or
parent) is still responsible for paying all charges owed.
(b)
Receipts. Receipts must be provided for all cash payments.
(c)
Waiver of charges. If a person's interdisciplinary or multidisciplinary
team makes a clinical determination that being charged for services and receiving
statements will result in a reduction in the functioning level of the person
or the person's refusal or rejection of the needed services, then charges
will cease and statements will no longer be sent. This determination requires
clinical documentation and must be reassessed by the team at least every three
months.
(d)
Termination of services for cause. A person's services
may be terminated in accordance with this subsection.
(1)
Irresponsible actions by a person that result in resources
being wasted (e.g., missing multiple appointments without canceling, consistently
losing medications) shall be referred to the person's interdisciplinary or
multidisciplinary team. The team is responsible for making reasonable efforts
to assist the person in stopping or reducing the irresponsible actions. (For
example, if the team determines that the actions are related to the person's
mental illness or mental retardation, then the team may modify the person's
treatment. If the team determines that the actions are related to external
circumstances, such as unreliable transportation, then the team may assist
the person (or parent) in accessing reliable transportation.) If the team
makes a clinical determination that the actions are not related to the person's
mental illness or mental retardation and the team has been unsuccessful in
assisting the person in stopping or reducing the actions, then the team may
decide to terminate the person's services. The team may not terminate the
person's services if termination is clinically contraindicated or if the local
authority is identified as being responsible for providing court-ordered outpatient
services to the person.
(2)
Past-due accounts of persons (or parents) who are not making
payments are referred to the persons' interdisciplinary or multidisciplinary
teams. The team is responsible for addressing the issue of non-payment with
the person (or parent) and making reasonable efforts that will result in the
person (or parent) making payments. (For example, if the team determines that
non-payment is related to the person's mental illness or mental retardation,
then the team may modify the person's treatment to address the non-payment.
If the team determines that non-payment is related to financial hardship,
then the team may assist the person (or parent) in making arrangements to
pay a lesser amount each month in accordance with subsection (a) of this section.)
If the team makes a clinical determination that non-payment is not related
to the person's mental illness or mental retardation and, despite the team's
efforts, the person (or parent) does not pay, then the team may decide to
terminate the person's services. The team may not terminate the person's services
if termination is clinically contraindicated or if the local authority is
identified as being responsible for providing court-ordered outpatient services
to the person.
(3)
If the team decides to terminate the person's services,
then:
(A)
the team must provide clinical documentation that justifies
its decision, including the basis for determining that termination is not
clinically contraindicated; and
(B)
the person (or parent) shall be notified in writing of
the decision and provided an opportunity to appeal the decision in accordance
with §401.464 of this title (relating to Notification and Appeals Process).
The notification shall prescribe the time frames and process for requesting
an appeal and include a copy of this subchapter. If the person (or parent)
requests an appeal within the prescribed time frame, then the person's services
may not be terminated while the appeal is pending.
(4)
If a person (or parent) is dissatisfied with the decision
of the appeal as described in paragraph (3)(B) of this subsection, then the
person (or parent) may request a review by the Office of Consumer Services
and Rights Protection - Ombudsman at TDMHMR Central Office.
(A)
The person (or parent) must request a review within 10
working days of receipt of notification of the appeal decision.
(B)
The person (or parent) may choose to have the staff conducting
the review:
(i)
conduct the review by telephone conference with the person
(or parent) and a representative from the local authority and make a decision
based upon verbal testimony made during the telephone conference and any documents
provided by the person (or parent) and the local authority; or
(ii)
conduct the review by making a decision based solely upon
documents provided by the person (or parent) and the local authority without
the presence of any of the parties involved.
(C)
The review:
(i)
will be conducted no sooner than 10 working days and no
later than 30 working days of receipt of the request for a review unless an
extension is granted by the director of the Office of Consumer Services and
Rights Protection - Ombudsman;
(ii)
will include a review of the pertinent information concerning
termination of the person's services and may include consultation with TDMHMR
clinical staff and staff who oversee implementation of this subchapter;
(iii)
will result in a final decision which will either uphold,
reverse, or modify the original decision to terminate the person's services;
and
(iv)
is the final step of the appeal process for termination
of services for cause.
(D)
Within five working days after the review, the staff who
conducted the review will send written notification of the final decision
to the person (or parent) and the local authority.
(e)
Prohibition of financial penalties. Financial penalties
may not be imposed on a person (or parent).
(f)
Debt collection. Local authorities must make reasonable
efforts to collect debts before an account is referred to a debt collection
agency. Local authorities must document their efforts at debt collection.
(1)
Local authorities must incorporate into a written agreement
or contract for debt collection provisions that state that both parties shall:
(A)
maintain the confidentiality of the information and not
disclose the identity of the person or any other identifying information;
and
(B)
not harass, threaten, or intimidate persons and their families.
(2)
Local authorities will enforce the provisions contained
in paragraph (1) of this subsection.
§412.110.Training.
All local authority staff who are involved in implementing or explaining
the content of this subchapter must annually demonstrate competency in accordance
with a prescribed training program developed by TDMHMR, in consultation with
local authorities and consumer representatives.
§412.111.Information for Persons.
Persons and families must be provided TDMHMR-approved information on
TDMHMR's policy of charges for community services contained in this subchapter
prior to entry into services except in a crisis or emergency.
§412.112.Exhibit.
Exhibit A - The Monthly Ability-To-Pay Fee Schedule, is referenced
in this subchapter. Copies of Exhibit A are available by contacting TDMHMR,
Policy Development, P.O. Box 12668, Austin, TX 78711-2668.
§412.113.References.
Reference is made to the following statutes:
(1)
Texas Health and Safety Code, §534.067;
(2)
Social Security Act, Section 1902(a)(17)(B); and
(3)
Omnibus Budget Reconciliation Act (OBRA) of 1987, as amended
by OBRA 90.
§412.114.Distribution.
This subchapter is distributed to:
(1)
all members of the Texas Board of Mental Health and Mental
Retardation;
(2)
executive, management, and program staff of TDMHMR Central
Office;
(3)
executive directors of all local authorities; and
(4)
advocacy organizations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 12, 2001.
TRD-200100865
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 206-5216
Chapter 621.
EARLY CHILDHOOD INTERVENTION
Subchapter B. EARLY CHILDHOOD INTERVENTION SERVICE DELIVERY
Chapter 412.
LOCAL AUTHORITY RESPONSIBILITIES
Part 8.
INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION