Section 301.305 - Responsibility for Compliance(a) Compliance with Divisions 2 - 3 of this subchapter requires: (1) the LMHA and MCO to comply with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter;(2) the LMHA and MCO to obligate by contract the providers in their networks to comply with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter;(3) the LMHA and MCO to monitor their providers for compliance with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter; and(4) providers of mental health case management or mental health rehabilitative services to comply with § 301.321(e) of this title (relating to Leadership), § 301.323 of this title (relating to Environment of Care and Safety), § 301.325 of this title (relating to Rights and Protection), § 301.327(e) of this title (relating to Access to Mental Health Community Services), § 301.329 of this title (relating to Medical Records System), and § 301.331 of this title (relating to Competency and Credentialing), contained in Division 2 of this subchapter, and with all the sections in Division 3 of this subchapter.(b) Providers must comply with the department's Utilization Management Guidelines, which are incorporated by reference, if contractually obligated to provide any mental health community services, including mental health rehabilitative, mental health case management, supported housing, supported employment, or Assertive Community Treatment (ACT). The department is responsible for monitoring compliance by providers that contract with the department and the LMHA and MCO are responsible for requiring and monitoring compliance of providers in their networks.26 Tex. Admin. Code § 301.305
Adopted to be effective April 29, 2009, 34 TexReg 2603; Transferred from Title 25, § 412.304 by Texas Register, Volume 45, Number 08, February 21, 2020, TexReg 1237, eff. 3/15/2020