Section 306.5 - DefinitionsThe following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Access--An individual's ability to obtain the psychiatric and substance use disorder services needed.(2) Adolescent--A person who is 13 through 17 years of age.(3) Adult--A person who is 18 years of age or older.(4) Child--A person who is 3 through 12 years of age.(5) Contract--A legally enforceable written agreement for the purchase of services.(6) Co-occurring psychiatric and substance use disorders (COPSD)--The co-occurring diagnoses of psychiatric disorders and substance use disorders.(7)Diagnostic and Statistical Manual of Mental Disorders (DSM)--The most recent edition of the American Psychiatric Association's official classification of mental disorders.(8) Entity or entities--The terms used to refer to the following: (A) local mental health authorities (LMHAs);(B) Managed care organizations (MCOs);(C) state mental health facilities (SMHF); and(D) Medicaid providers who are required to comply with Chapter 419, Subchapter L of this title, governing Mental Health Rehabilitative Services, or Chapter 306, Subchapter E of this title, governing Mental Health Case Management Services.(9) Family member--Anyone an individual identifies as being involved in the individual's life (e.g., the individual's parent, spouse, child, sibling, significant other, or friend).(10) Individual-- (A) For an LMHA--An adult with COPSD, adolescent with COPSD, or child with COPSD seeking or receiving services from or through the LMHA or its provider.(B) For an MCO--An enrolled adult with COPSD, adolescent with COPSD, or child with COPSD seeking or receiving services from or through the MCO or its provider.(C) For an SMHF--An adult with COPSD, adolescent with COPSD, or child with COPSD seeking or receiving services from or through the SMHF or its provider.(D) For a provider of rehabilitative services or a provider of mental health case management services reimbursed by Medicaid--An adult with COPSD, adolescent with COPSD, or child with COPSD seeking or receiving rehabilitative services or mental health case management services reimbursed by Medicaid.(11) Integrated assessment--An assessment of an individual to gather both substance use and psychiatric information.(12) Legally authorized representative (LAR)--A person authorized by law to act on behalf of an individual with regard to a matter (e.g., a parent, guardian, or managing conservator of a child or adolescent, a guardian of an adult, or a personal representative of a deceased individual).(13) Local mental health authority (LMHA)--An entity designated as the local mental health authority by the DSHS in accordance with the Health and Safety Code, § 533.035(a).(14) Managed care organization (MCO)--An entity that has a current Department of Insurance certificate of authority to operate as a health maintenance organization (HMO) under Insurance Code, Subchapter C of Chapter 843, or as an approved nonprofit health corporation under Insurance Code, Chapter 884.(15) Psychiatric disorder--An emotional disturbance in a child or adolescent or a psychiatric disorder in an adult who is a member of the mental health priority population as defined in the Health and Human Services System Strategic Plan 2011 - 2015.(16) Readiness to change--An individual's emotional and cognitive awareness of the need to change, coupled with a commitment to change.(17) Services--Services provided to treat a psychiatric or substance use disorder.(18) Staff--Full- or part-time employees, contractors, and interns of an entity.(19) Substance use disorder--The use of one or more drugs, including alcohol, which significantly and negatively impacts one or more major areas of life functioning and which meets criteria described in the current Diagnostic and Statistical Manual of Mental Disorders for substance abuse or substance dependence.(20) Support services--Services delivered to an individual, legally authorized representative (LAR) or family member(s) to assist the individual in functioning in the living, learning, working, and socializing environments.(21) Treatment plan--A written document developed by the provider, in consultation with the individual (and LAR on the individual's behalf), that is based on assessments of the individual and which addresses the individual's strengths, needs, goals, and preferences regarding service delivery as referenced in §301.353 of this title (relating to Provider Responsibilities for Treatment Planning and Service Authorization) of Chapter 412, Subchapter G of this title, governing Mental Health Community Services Standards.26 Tex. Admin. Code § 306.5
Adopted to be effective September 7, 2003, 28 TexReg 7396; amended to be effective November 17, 2011, 36 TexReg 7669; Transferred from T. 25, § 411.653 by Texas Register, Volume 45, Number 03, January 17, 2020, TexReg 467, eff. 2/15/2020.