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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION |
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Chapter 533. POWERS AND DUTIES |
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Subchapter B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES |
Sec. 533.043. PROPOSALS FOR GERIATRIC, EXTENDED, AND TRANSITIONAL CARE
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(a) The department shall solicit proposals from community providers to operate:
(1) community residential programs that will provide at least the same services that an extended care unit provides for the population the provider proposes to serve; or
(2) transitional living units that will provide at least the same services that the department traditionally provides in facility-based transitional care units.
(b) The department shall solicit proposals from community providers to operate community residential programs for elderly residents at least every two years.
(c) A proposal for extended care services may be designed to serve all or part of an extended care unit's population.
(d) A proposal to operate transitional living units may provide that the community provider operate the transitional living unit in a community setting or on the grounds of a department facility.
(e) The department shall require each provider to:
(1) offer adequate assurances of ability to:
(A) provide the required services;
(B) meet department standards; and
(C) safeguard the safety and well-being of each resident; and
(2) sign a memorandum of agreement with the local mental health or mental retardation authority, as appropriate, outlining the responsibilities for continuity of care and monitoring, if the provider is not the local authority.
(f) The department may fund a proposal through a contract if the provider agrees to meet the requirements prescribed by Subsection (e) and agrees to provide the services at a cost that is equal to or less than the cost to the department to provide the services.
(g) The appropriate local mental health or mental retardation authority shall monitor the services provided to a resident placed in a program funded under this section. The department may monitor any service for which it contracts.
(h) The department is responsible for the care of a patient in an extended care program funded under this section. The department may terminate a contract for extended care services if the program ends or does not provide the required services. The department shall provide the services or find another program to provide the services if the department terminates a contract.