PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 301. IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS
SUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDS
DIVISION 2. ORGANIZATIONAL STANDARDS
The Texas Health and Human Services Commission (HHSC) adopts the amendment to §301.327, concerning Access to Mental Health Community Services.
Section 301.327 is adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1515). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rule is necessary to broaden the type of staff qualified to answer and screen crisis hotline calls for local mental health authorities (LMHAs), local behavioral health authorities (LBHAs), and their subcontractors. The adopted rule allows staff members trained in crisis screening to conduct the crisis calls in addition to staff members who are credentialed as a Qualified Mental Health Professional-Community Services (QMHP-CS). This allows LMHAs, LBHAs, and their subcontractors to broaden recruiting and applicant pools thereby potentially reducing call wait times and answering more calls within the required timeframe.
COMMENTS
The 31-day comment period ended April 17, 2023.
During this period, HHSC did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment 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, Health and Safety Code §533.0345(a), which requires the Executive Commissioner of HHSC to by rule develop model program standards for mental health services for use by each state agency that provides or pays for mental health services; §533.0356(i), which allows the Executive Commissioner of HHSC to adopt rules to govern the operations of local behavioral health authorities; and §534.052(a), which requires the Executive Commissioner of HHSC to adopt rules, including standards, the Executive Commissioner considers necessary and appropriate to ensure the adequate provision of community-based mental health services through an LMHA under Chapter 534.
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 June 13, 2023.
TRD-202302136
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: July 3, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 672-4255