26 Tex. Admin. Code § 306.161 - Screening and Assessment

(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.

Notes

26 Tex. Admin. Code § 306.161
Adopted by Texas Register, Volume 45, Number 20, May 15, 2020, TexReg 3308, eff. 5/20/2020; Amended by Texas Register, Volume 50, Number 08, February 21, 2025, TexReg 1004, eff. 2/23/2025

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.


No prior version found.