(a) Requirements related to an individual currently receiving LMHA or LBHA services who intends to move his or her permanent residence to a county within the local service area of another LMHA or LBHA and seek services from the new LMHA or LBHA.
  (1) The originating LMHA or LBHA must:
    (A) initiate transition planning with the receiving LMHA or LBHA;
    (B) educate the individual on the provisions of this subchapter regarding the individual's transfer, consisting of:
      (i) information regarding walk-in intake services, if applicable, where no appointment is scheduled for the individual's initial intake to determine eligibility;
      (ii) the individual's rights as eligible for services; and
      (iii) the receiving LMHA or LBHA is notified of the individual's intent to move the individual's permanent residence;
    (C) assist in facilitating and scheduling the intake appointment at the new LMHA or LBHA once the relocation has been confirmed;
    (D) submit to the receiving LMHA or LBHA treatment information pertinent to the individual's continuity of care with submission after the individual's transfer request;
    (E) ensure the individual has sufficient medication for up to 90 days or to last until the medication management appointment date at the receiving LMHA or LBHA;
    (F) maintain the individual's case in open status in the applicable HHSC automation system for 90 days or until notified that the individual has been admitted to services at the receiving LMHA or LBHA, whichever occurs first;
    (G) conduct an intake assessment in accordance with §301.353(a) of this title (relating to Provider Responsibilities for Treatment Planning and Service Authorization) and determine whether the LMHA or LBHA has the capacity to serve the individual immediately or place the individual on a waiting list for services; and
    (H) authorize an initial 180 days of services for an adult and 90 days for a child or an adolescent for transitioning and ongoing care, including the provision of medications, if the individual is eligible and not on the waiting list.
  (2) If the individual seeks services from the new LMHA or LBHA without prior knowledge of the originating LMHA or LBHA:
    (A) the receiving LMHA or LBHA must:
      (i) initiate transition planning with the originating LMHA or LBHA;
      (ii) promptly request records pertinent to the individual's treatment, with the individual's consent, if applicable;
      (iii) conduct an intake assessment in accordance with §301.353(a) of this title and determine whether the individual should receive services immediately or be placed on a waiting list for services; and
      (iv) if the individual is eligible and the individual is not on the waitlist, authorize an initial 180 days of services for an adult and 90 days for a child or an adolescent for transitioning and ongoing care, including the provision of medications; and
    (B) the originating LMHA or LBHA must:
      (i) submit requested information to the new LMHA or LBHA within seven days after the request; and
      (ii) maintain the individual's case in open status in the applicable HHSC automation system for 90 days or until notified that the individual has been admitted to services at the new LMHA or LBHA, whichever occurs first.
  (3) If the new LMHA or LBHA denies services to the individual during the transition period, or reduces or terminates services at the conclusion of the authorized period, the new LMHA or LBHA must notify the individual or LAR in writing within ten business days of the proposed action and the right to appeal the proposed action in accordance with §306.154 of this subchapter (relating to Notification and Appeals Process for Local Mental Health Authority or Local Behavioral Health Authority Services).
(b) Requirements related to an individual receiving inpatient services at an SMHF or facility with a CPB. If an individual at an SMHF or facility with a CPB informs the SMHF or facility with a CPB that the individual intends to move the individual's permanent residence to a county within the local service area of another LMHA or LBHA and seek services from the new LMHA or LBHA:
  (1) the SMHF or facility with a CPB notifies the following of the individual's intent to move the individual's permanent residence upon discharge:
    (A) the originating LMHA or LBHA, if the individual was receiving LMHA or LBHA services from the originating LMHA or LBHA before admission to the SMHF or facility with a CPB; and
    (B) the new LMHA or LBHA;
  (2) the following participate in the individual's discharge planning in accordance with §306.201 of this subchapter (relating to Discharge Planning):
    (A) the SMHF or facility with a CPB;
    (B) the new LMHA or LBHA; and
    (C) the originating LMHA or LBHA, if the individual was receiving LMHA or LBHA services from the originating LMHA or LBHA before admission to the SMHF or facility with a CPB; and
  (3) if the individual was receiving LMHA or LBHA services from the originating LMHA or LBHA before admission to the SMHF or facility with a CPB, the originating LMHA or LBHA maintains the individual's case in open status in the applicable HHSC automation system for 90 days or until notified that the individual is admitted to services at the new LMHA or LBHA, whichever occurs first.

Source Note: The provisions of this §306.195 adopted to be effective May 20, 2020, 45 TexReg 3301