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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER D - MENTAL HEALTH SERVICES--ADMISSION, DISCHARGE, AND CONTINUITY OF CARE
SECTION/RULE §306.162 - Determining County of Residence
Chapter Review Date 07/23/2024

(a) County of Residence for Adults. (1) An adult's county of residence is the county of the adult's permanent residence or, if applicable, the county of the LAR's permanent residence, unless there is a preponderance of evidence to the contrary. If the adult is not a Texas resident or indicates no permanent address, the adult's county of residence is the county in which the evidence indicates the adult resides. (2) If an adult is unable to communicate the location of the adult's permanent residence, there is no evidence indicating the location of an adult's permanent residence, or if an adult is not a Texas resident, the adult's county of residence is the county in which the adult is physically present when the adult requests or requires services.(3) The county in which the paying LMHA or LBHA is located is the adult's county of residence if the individual receives services:(A) delivered in the local service area of another LMHA or LBHA for an adult's community mental health services; or(B) for an adult's living arrangement located outside the paying LMHA's or LBHA's local service area. (b) County of Residence for Minors. (1) Except as provided in paragraph (2) of this subsection, a minor's county of residence is the county in which the minor's LAR's permanent residence is located. (2) A minor's county of residence is the county in which the minor currently resides if: (A) it cannot be determined in which county the minor's LAR's permanent residence is located; (B) a state agency is the minor's LAR; (C) the minor does not have an LAR; or (D) the minor is at least 16 years of age and self-enrolling into services.(3) A minor in DFPS conservatorship may continue receiving services from the LMHA or LBHA where the minor was last enrolled in services until another appropriate placement is established. Once placement is established, the transferring LMHA or LBHA will hold a transfer meeting with the receiving LMHA or LBHA and the minor's LAR. (c) Disagreements regarding county of residence initiated by an LMHA or LBHA. (1) The LMHA or LBHA must initiate or continue providing clinically necessary services, including discharge planning, until a disagreement regarding county of residence is resolved.(2) If an LMHA or LBHA initiates a disagreement regarding county of residence that the executive directors of the affected LMHAs or LBHAs cannot resolve, the HHSC performance contract manager of the affected LMHAs or LBHAs resolves the disagreement. (d) Disagreements regarding county of residence initiated by an individual or another person or entity on behalf of the individual. The Ombudsman may consult with the HHSC performance contract manager of the affected LMHAs or LBHAs and help resolve a disagreement initiated by an individual or by another person or entity on behalf of the individual. (e) Changing county of residence status. If an individual currently receiving LMHA or LBHA services moves the individual's permanent residence to a county within the local service area of another LMHA or LBHA, the LMHAs or LBHAs affected by the change must comply with §306.195 of this subchapter (relating to Changing Local Mental Health Authorities or Local Behavioral Health Authorities).

Source Note: The provisions of this §306.162 adopted to be effective May 20, 2020, 45 TexReg 3301; amended to be effective February 23, 2025, 50 TexReg 997.

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