The designated LMHA or LBHA is responsible for contacting the individual following discharge or ATP from an SMHF or a facility with a CPB and for implementing the individual's recovery or treatment plan in accordance with this section.
  (1) LMHA or LBHA contact after discharge or ATP.
    (A) The designated LMHA or LBHA makes face-to-face contact with an individual within seven days after discharge or ATP of an individual who is:
      (i) discharged or on ATP from an SMHF or facility with a CPB and referred to the LMHA or LBHA for services or supports as indicated in the recovery or treatment plan;
      (ii) discharged from an LMHA or LBHA-network provider of inpatient services and referred to the LMHA or LBHA for services or supports as indicated in the recovery or treatment plan;
      (iii) discharged from an alternate provider of inpatient services and receiving LMHA or LBHA services from the designated LMHA or LBHA at the time of admission and who, upon discharge, is referred to the LMHA or LBHA for services or supports as indicated in the recovery or treatment plan;
      (iv) discharged from the LMHA's or LBHA's crisis stabilization unit or any overnight crisis facility and referred to the LMHA or LBHA for services or supports as indicated in the discharge plan; or
      (v) an offender with special needs discharged from an SMHF or facility with a CPB returning to jail.
    (B) At the face-to-face contact after discharge required by subparagraph (A) of this paragraph, the designated LMHA or LBHA:
      (i) re-assesses the individual;
      (ii) ensures the provision of the services and supports specified in the individual's recovery or treatment plan by making the services and supports available and accessible as determined by the individual's level of care; and
      (iii) assists the individual in accessing the services and supports specified in the individual's recovery or treatment plan.
    (C) The designated LMHA or LBHA develops or reviews an individual's recovery or treatment plan in accordance with §301.353(e) of this title (relating to Provider Responsibilities for Treatment Planning and Service Authorization) and considers treatment recommendations in the SMHF or facility with a CPB's discharge plan within ten business days after the face-to-face contact required by subparagraph (A) of this paragraph.
    (D) The designated LMHA or LBHA makes a good faith effort to locate and contact an individual who fails to appear for a face-to-face contact required by subparagraph (A) of this paragraph. If the designated LMHA or LBHA does not have a face-to-face contact with the individual, the LMHA or LBHA documents the attempts made and reasons the face-to-face contact did not occur in the individual's record.
  (2) For an individual whose recovery or treatment plan identifies the designated LMHA or LBHA as responsible for providing or paying for the individual's psychoactive medications, the designated LMHA or LBHA is responsible for ensuring:
    (A) the provision of psychoactive medications for the individual; and
    (B) the individual has an appointment with a physician or designee authorized by state law to prescribe medication before the earlier of the following events:
      (i) the individual's supply of psychoactive medication from the SMHF or facility with a CPB has been depleted; or
      (ii) the 15th day after the individual is on ATP or discharged from the SMHF or facility with a CPB.
  (3) The designated LMHA or LBHA documents in an individual's record the LMHA's or LBHA's activities described in this section, and the individual's responses to those activities.

Source Note: The provisions of this §306.207 adopted to be effective May 20, 2020, 45 TexReg 3301