(a) The department shall evaluate a local mental health authority’s compliance with its contract to ensure the provision of specific services to priority populations.
(b) If, by a date set by the commissioner, a local mental health authority fails to comply with its contract to ensure the provision of services to the satisfaction of the commissioner, the department may impose a sanction as provided by the applicable contract rule until the dispute is resolved. The department shall notify the authority in writing of the department’s decision to impose a sanction.

Terms Used In Texas Health and Safety Code 534.059

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(c) A local mental health authority may appeal the department’s decision to impose a sanction on the authority. The executive commissioner by rule shall prescribe the appeal procedure.
(d) The filing of a notice of appeal stays the imposition of the department’s decision to impose a sanction except when an act or omission by a local mental health authority is endangering or may endanger the life, health, welfare, or safety of a person.
(e) While an appeal under this section is pending, the department may limit general revenue allocations to a local mental health authority to monthly distributions.

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