(a) In determining an individual's initial and ongoing eligibility for any service, an entity may not exclude an individual based on the following factors:
  (1) the individual's past or present mental illness or substance use diagnosis or services;
  (2) medications prescribed to the individual in the past or present;
  (3) the presumption of the individual's inability to benefit from treatment;
  (4) the specific substance used by the individual;
  (5) the individual's continued substance use; or
  (6) the individual's level of success in prior treatment episodes.
(b) Entities must ensure that an individual's refusal of a particular service does not preclude the individual from accessing other needed mental health or substance abuse services.
(c) The LMHAs, MCOs, and SMHFs must ensure that individuals have access to staff who meet specialty competencies described in §411.658 of this title (relating to Specialty Competencies of Staff Providing Services to Individuals with COPSD).
(d) Entities must establish and implement procedures to ensure the continuity of screening, assessment, and treatment services provided to individuals.

Source Note: The provisions of this §306.13 adopted to be effective September 7, 2003, 28 TexReg 7396; amended to be effective November 17, 2011, 36 TexReg 7669; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 467