(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 as follows:
  (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 community resources.
  (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 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) 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.

Source Note: The provisions of this §306.161 adopted to be effective May 20, 2020, 45 TexReg 3301