Current through Reg. 50, No. 13; March 28, 2025
(a) If an
individual in an LMHA's or LBHA's local service area is in crisis, the LMHA or
LBHA must ensure:
(1) immediate screening by a
staff member trained in crisis screening, in accordance with §
301.327(d)(1)(A)(ii)
of this title (relating to Access to Mental
Health Community Services); and
(2)
if emergency care services are recommended based on the screening, ensure the
staff member complies with §
301.327(d)(1)(B)
of this title.
(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 who is not in crisis presents for services, an LMHA or LBHA staff
member:
(1) must determine whether the
individual's county of residence is within the LMHA's or LBHA's local service
area; and
(2) who is a QMHP-CS or
LPHA must conduct a screening.
(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 (b) and (c) of this section indicates an intake assessment is
needed, the LMHA or LBHA must conduct an assessment in accordance with §
301.353(a) of
this title (relating to Provider Responsibilities for Treatment Planning and
Service Authorization).
(1) The LMHA or LBHA
must serve an individual in the MH priority population designated by HHSC. For
an individual in the MH priority population, the LMHA or LBHA must identify
which services the individual may be eligible to receive and, if applicable,
must:
(A) provide services immediately;
or
(B) place the individual on a
waiting list for services and refer the individual to other community
resources.
(2) An
individual who is enrolled in Medicaid must receive services immediately in
accordance with §
301.327 of this title (relating to
Access to Mental Health Community Services) and pursuant to Medicaid
regulations and policies.
(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 within three business days regarding:
(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) how to contact the Ombudsman in a
language the individual understands for information or assistance at
1-800-252-8154 or on the HHSC website.
