|(a) If an individual is in crisis, an LMHA or LBHA
ensures immediate screening and, if recommended based on the screening,
a face-to-face intake assessment of an individual in the LMHA's or
LBHA's local service area in accordance with §301.327 of this
title (relating to Access to Mental Health Community Services).
(b) When the crisis is resolved, the LMHA or LBHA must
assess the individual using the uniform assessment and determine:
(1) referral for ongoing services at the LMHA or LBHA;
(2) referral to an alternate provider;
(3) referral to community-based crisis treatment alternative
as described in §306.163 of this division (relating to Most Appropriate
and Available Treatment Options);
(4) the individual's transportation by identifying
and ensuring the individual's transportation needs were met; or
(5) no referral is needed.
(c) If an individual is not in crisis, an LMHA or LBHA
screens each individual presenting for services at the LMHA or LBHA
(1) an LMHA or LBHA staff who is a QMHP-CS or LPHA
conducts a screening; and
(2) an LMHA or LBHA staff determines whether the individual's
county of residence is within the LMHA's or LBHA's local service area.
(d) If the individual's county of residence is within
the LMHA's or LBHA's local service area and the screenings described
in subsections (a) and (c) of this section indicates an intake assessment
is needed, the LMHA or LBHA conducts an assessment in accordance with §301.353(a)
of this title (relating to Provider Responsibilities for Treatment
Planning and Service Authorization).
(1) LMHAs and LBHAs serve individuals in the MH priority
population designated by HHSC. For an individual in the MH priority
population, the LMHA or LBHA identifies which services the individual
may be eligible to receive and, if appropriate, determines whether
the individual receives services immediately or places the individual
on a waiting list for services and refers the individual to other
(2) Individuals who are enrolled in Medicaid must receive
services immediately and may not be placed on a waiting list.
(3) An LMHA or LBHA must serve an individual in accordance
with §301.327 of this title.
(4) For an individual not in the MH priority population,
the LMHA or LBHA must provide the individual with written notification
(A) the denial of services and the opportunity to appeal
in accordance with §306.154 of this subchapter (relating to Notification
and Appeals Process for Local Mental Health Authority or Local Behavioral
Health Authority Services); and
(B) the availability of information and assistance
from the Ombudsman by contacting the Ombudsman at 1-800-252-8154 or
online at hhs.texas.gov/ombudsman.