Tex.
Health & Safety Code Section 1001.084
Contracting and Auditing Authority; Delegation
(a)
The executive commissioner, as authorized by Section 524.0002 (General Responsibility of Executive Commissioner for Health and Human Services System), Government Code, may delegate to the department the executive commissioner’s authority under that section for contracting and auditing relating to the department’s powers, duties, functions, and activities.(a)
The executive commissioner, as authorized by Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System), Government Code, may delegate to the department the executive commissioner’s authority under that section for contracting and auditing relating to the department’s powers, duties, functions, and activities.(b)
If the executive commissioner does not make a delegation under Subsection (a), a reference in law to the department with respect to the department’s contracting or auditing authority means the executive commissioner. If the executive commissioner makes a delegation under Subsection (a), a reference in law to the department’s contracting or auditing authority means that authority the executive commissioner has delegated to the department.(c)
If the executive commissioner revokes all or part of a delegation made under Subsection (a), a reference in law to the department with respect to a function for which the delegation was revoked means the executive commissioner or another entity to which the executive commissioner delegates that authority.(d)
It is the legislature’s intent that the executive commissioner retain the authority over and responsibility for contracting and auditing at each health and human services agency as provided by Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System), Government Code. A statute enacted on or after January 1, 2015, that references the contracting or auditing authority of the department does not give the department direct contracting or auditing authority unless the statute expressly provides that the contracting or auditing authority:(1)
is given directly to the department; and(2)
is an exception to the exclusive contracting and auditing authority given to the executive commissioner under Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System), Government Code.(d)
It is the legislature’s intent that the executive commissioner retain the authority over and responsibility for contracting and auditing at each health and human services agency as provided by Section 524.0002 (General Responsibility of Executive Commissioner for Health and Human Services System), Government Code. A statute enacted on or after January 1, 2015, that references the contracting or auditing authority of the department does not give the department direct contracting or auditing authority unless the statute expressly provides that the contracting or auditing authority:(1)
is given directly to the department; and(2)
is an exception to the exclusive contracting and auditing authority given to the executive commissioner under Section 524.0002 (General Responsibility of Executive Commissioner for Health and Human Services System), Government Code.(1)
local mental health authorities;(2)
local behavioral health authorities; and(3)
local intellectual and developmental disability authorities.(b)
The public reporting system must allow external users to view and compare the performance and outcomes of the Medicaid managed care programs that provide mental health services.(c)
The department shall post the performance and outcome measures on the department’s Internet website so that the information is accessible to the public. The department shall post the measures monthly, or as frequently as possible.(d)
The public reporting system must include outcome measures that capture:(1)
inpatient psychiatric care diversion;(2)
avoidance of emergency room use;(3)
criminal justice diversion;(4)
the numbers of people who are homeless served;(5)
access to timely and adequate screening and rapid crisis stabilization services;(6)
timely access to and appropriate treatment from community-based crisis residential services and hospitalization;(7)
improved functioning as a result of medication-related and psychosocial rehabilitation services;(8)
information related to the number of people referred to a state hospital, state supported living center, or community-based hospital, the length of time between referral and admission, the length of stay, and the length of time between the date a person is determined ready for discharge or transition and the date of discharge or transition;(9)
the rate of denial of services or requests for assistance from jails and other entities and the reason for denial;(10)
quality of care in community-based mental health services and state facilities;(11)
the average number of hours of service provided to individuals in a full level of care compared to the recommended number of hours of service for each level of care; and(12)
any other relevant information to determine the quality of services provided during the reporting period.(d-1)
A local intellectual and developmental disability authority is only required to report information described by Subsection (d)(8) that is related to a state supported living center.(d-2)
This subsection and Subsections (d) and (d-1) expire September 1, 2025.(e)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26), Sec. 10, eff. September 1, 2023.(f)
The department shall ensure that information reported through the public reporting system does not permit the identification of an individual.(g)
In this section:(1)
“Local behavioral health authority” means an authority designated by the commission under Section 533.0356 (Local Behavioral Health Authorities).(2)
“Local intellectual and developmental disability authority” and “local mental health authority” have the meanings assigned by Section 531.002 (Definitions).(3)
“State hospital” has the meaning assigned by Section 552.0011 (Definitions).(4)
“State supported living center” has the meaning assigned by Section 531.002 (Definitions).
Source:
Section 1001.084 — Contracting and Auditing Authority; Delegation, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1001.htm#1001.084 (accessed Apr. 29, 2024).
