An applicant must meet the criteria in this section for certification.

1. (1) Staffing requirements.

   1. (A) Staffing plans must reflect the findings of the applicant's community needs assessment.
   2. (B) The applicant's staff members must have and be current with all necessary licenses and accreditations required by the state to provide the required services.
   3. (C) Staff members must be trained to serve the needs of the clinic's patients as identified through the community needs assessment and in compliance with Section 223(a)(2)(A) of the Protecting Access to Medicare Act of 2014.
   4. (D) Staff must be trained in a person-centered and family-centered approach.

2. (2) Availability and accessibility of services.

   1. (A) An applicant may not refuse or limit services if a person cannot pay for the services.
   2. (B) An applicant may not refuse or limit services to any person in the local service area based on where the person lives, the person's housing situation, or if the person does not have a permanent address. An applicant may coordinate care and transfer services to an appropriate provider for a person who lives outside the applicant's local service area.

3. (3) Care coordination.

   1. (A) An applicant must coordinate care across settings and providers to make sure that transitions are seamless for a person receiving health services.

   2. (B) A T-CCBHC must have:

      1. (i) a health information technology system that includes an electronic health record; and
      2. (ii) a plan focusing on ways to improve care coordination using health information technology.

4. (4) Scope of services.

   1. (A) An applicant must directly provide the following services:

      1. (i) crisis services, including:

         1. (I) 24-hour mobile crisis outreach services, except as required under subparagraph (C) of this paragraph;
         2. (II) crisis intervention services; and
         3. (III) crisis stabilization services;
      2. (ii) mental health and substance use screening, assessment, and diagnosis, including risk assessment for possible harm to self or others;
      3. (iii) person-centered treatment planning, and family-centered treatment planning, when appropriate; and
      4. (iv) outpatient mental health treatment services and outpatient substance use treatment services.

   2. (B) An applicant must provide the following services either directly or by agreement with another entity:

      1. (i) outpatient primary care screening and monitoring of health indicators and health risks;
      2. (ii) mental health targeted case management as defined in 1 TAC §353.1403 (relating to Definitions);
      3. (iii) mental health rehabilitative services as defined in 1 TAC §353.1403;
      4. (iv) peer specialist services, as defined in 1 TAC §354.3013 (relating to Services Provided), and family partner supports; and
      5. (v) community-based mental health and substance use care for members of the armed forces and veterans.
   3. (C) A T-CCBHC that is not an LMHA or LBHA must make an agreement with an LMHA or LBHA in the applicant's local service area to provide mobile crisis outreach services. This agreement must include shared protocols for coordination. HHSC may grant permission for a T-CCBHC to provide mobile crisis outreach services directly if the T-CCBHC has a dedicated, long-term funding source that is not time limited, and a government entity oversees the mobile crisis outreach services.

5. (5) Quality and other reporting.

   1. (A) A T-CCBHC must report encounter data, clinical outcomes data, quality data, and other data that HHSC may request.
   2. (B) A T-CCBHC must have health information technology systems that allow reporting on data and quality measures.

6. (6) Organizational authority.

   1. (A) An applicant must be:

      1. (i) a non-profit or governmental entity;
      2. (ii) an entity operated under the authority of the Indian Health Service, an Indian tribe, or tribal organization, pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act and Education Act (25 U.S.C 5301, et seq.); or
      3. (iii) an urban Indian organization pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act (25 U.S.C 1601, et seq.).
   2. (B) An applicant must operate as an entity listed under subparagraph (A) of this paragraph for at least two years in Texas before applying for T-CCBHC certification.

   3. (C) An applicant's T-CCBHC must have a governing board.

      1. (i) The governing board must:

         1. (I) have at least 51 percent of its members be people with lived experience of a mental health or substance use need or family members of people receiving behavioral health services; or

         2. (II) create an advisory committee that meets the requirements of subclause (I) of this clause that gives feedback to the governing board about the T-CCBHC's:

            (-a-) community needs;

            (-b-) goals and objectives;

            (-c-) service development;

            (-d-) quality improvement and activities;

            (-e-) fiscal and budgetary priorities; and

            (-f-) governance.

      2. (ii) The governing board must consider feedback provided by an advisory committee described in clause (i)(II) of this subparagraph in its decision-making processes.

   4. (D) An applicant must:

      1. (i) be enrolled as a Medicaid provider;
      2. (ii) be credentialed and contracted with at least one managed care organization; and
      3. (iii) have a Chemical Dependency Treatment Facility license under Chapter 564 of this title (relating to Chemical Dependency Treatment Facilities) to deliver adult and youth outpatient substance use treatment.

Source Note:The provisions of this §306.107 adopted to be effective September 29, 2022, 47 TexReg 6198; amended to be effective April 16, 2026, 51 TexReg 2396.