26 TAC § 301.305. Responsibility for Compliance, DIVISION 1. GENERAL PROVISIONS

(a) Compliance with Divisions 2 - 3 of this subchapter requires:

(1) the LMHA and MCO to comply with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter;

(2) the LMHA and MCO to obligate by contract the providers in their networks to comply with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter;

(3) the LMHA and MCO to monitor their providers for compliance with the applicable sections and subsections contained in Divisions 2 - 3 of this subchapter; and

(4) providers of mental health case management or mental health rehabilitative services to comply with §412.311(e) of this title (relating to Leadership), §412.312 of this title (relating to Environment of Care and Safety), §412.313 of this title (relating to Rights and Protection), §412.314(e) of this title (relating to Access to Mental Health Community Services), §412.315 of this title (relating to Medical Records System), and §412.316 of this title (relating to Competency and Credentialing), contained in Division 2 of this subchapter, and with all the sections in Division 3 of this subchapter.

(b) Providers must comply with the department's

Utilization Management Guidelines,

which are incorporated by reference, if contractually obligated to provide any mental health community services, including mental health rehabilitative, mental health case management, supported housing, supported employment, or Assertive Community Treatment (ACT). The department is responsible for monitoring compliance by providers that contract with the department and the LMHA and MCO are responsible for requiring and monitoring compliance of providers in their networks.