26 Tex. Admin. Code § 301.325 - Rights and Protection
(a) Non-coercive
policy. The LMHA, MCO, and provider must ensure that an individual's refusal of
a particular mental health community service (e.g., psychoactive medication)
does not preclude the individual from accessing other medically necessary
mental health community services.
(b) Non-discrimination. The LMHA, MCO, and
provider may not unlawfully discriminate against any individual based on race,
color, national origin, religion, sex, age, or disability. The LMHA and MCO and
provider may not deny medically necessary mental health community services
based on an individual's sexual orientation or political affiliation.
(c) Initial and ongoing eligibility. In
determining an individual's initial and ongoing eligibility for any service, an
LMHA, MCO, and provider may not exclude an individual based on the following
factors:
(1) the individual's past or present
mental illness or substance use diagnosis or services;
(2) the individual's past or present
involvement in the criminal or juvenile justice system;
(3) medications prescribed to the individual
in the past or present;
(4) the
presumption of the individual's inability to benefit from treatment;
(5) the individual's use or continued use of
alcohol, tobacco, or other drugs; or
(6) the individual's level of success in
prior treatment episodes.
(d) Protection against abuse, neglect, and
exploitation. The LMHA, MCO, and provider must comply with the requirements
described in Chapter 414, Subchapter L of Title 25 (relating to Abuse, Neglect,
and Exploitation in Local Authorities and Community Centers).
(e) Dignity and rights. The LMHA, MCO, and
provider must implement procedures that address the rights of individuals in
compliance with applicable state and federal laws, regulations, and department
rules described in Chapter 404, Subchapter E of Title 25 (relating to Rights of
Persons Receiving Mental Health Services), and must provide individuals the
right to choose from the list of providers within the LMHA's or MCO's network
if there is more than one provider available.
(f) Charges for mental health community
services. The LMHA and MCO and provider must comply with all applicable federal
and state laws and department rules described in Chapter 412, Subchapter C of
Title 25 (relating to Charges for Community Services) regarding the
establishment of charges and the collection of fees for the provision of mental
health community services.
(g)
Confidentiality. The LMHA and MCO and provider must comply with all applicable
federal and state laws, rules, and regulations governing confidentiality of
identifying information of individuals with mental illness and/or substance use
disorders, including those described in Chapter 414, Subchapter A of Title 25
(relating to Protected Health Information) and 42 Code of Federal Regulations
(CFR) Part 2 (Confidentiality of Alcohol and Drug Abuse Patient
Records).
(h) Research. If the LMHA
or MCO or provider conducts research, then the research must be conducted in
accordance with applicable state and federal laws, rules, and regulations,
including 45 CFR Part 46 (Protection of Human Subjects).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.