(a) With the exceptions of Waco Center for Youth, a maximum-security unit, and an adolescent forensic unit, a state hospital or CPB may admit an individual who has been assessed by an LMHA or LBHA and recommended for inpatient admission only if the individual has a mental illness and because of the mental illness: (1) presents a substantial risk of serious harm to self or others; or (2) evidences a substantial risk of mental or physical deterioration. (b) An individual's admission to a state hospital or CPB may not occur if the individual: (1) has a condition that requires medical care that is not available at the state hospital or CPB; or (2) has a physical medical condition that is unstable and could reasonably require inpatient medical treatment for the condition. (c) If an individual arrives at a state hospital or CPB for mental health services, and the designated LMHA or LBHA did not screen or refer the individual as described in §306.163 of this subchapter (relating to Most Appropriate and Available Treatment Options): (1) the state hospital or CPB must notify the designated LMHA or LBHA that the individual has presented for services at the state hospital or CPB within three business days of the individual's presentation for services; and (2) the state hospital or CPB physician must determine if the individual has an emergency medical condition and decide whether the facility has the capability to treat the emergency medical condition. (A) If the state hospital or CPB has the capability to treat the emergency medical condition, the facility must admit the individual in accordance with the Emergency Medical Treatment and Active Labor Act (EMTALA) as described in 42 U.S.C. §1395dd. (B) If the state hospital or CPB does not have the capability to treat the emergency medical condition, the facility must provide evaluation and treatment within its capability to stabilize the individual and arrange for the individual to be transferred to a hospital that has the capability to treat the emergency medical condition in accordance with EMTALA and, as applicable, Medicare and Medicaid regulations. (d) If an LMHA or LBHA authorized an individual's admission to a state hospital or CPB, and the facility determines that the individual does not meet inpatient criteria for admission, the facility must contact the designated LMHA or LBHA to coordinate alternate outpatient community services at the time of the admission denial. (e) The designated LMHA or LBHA must contact the individual or LAR within 24 hours after being notified that the individual does not meet inpatient admission criteria and notify the individual or LAR that the LMHA or LBHA will provide referrals and referral follow-up for ongoing services as clinically indicated to address the individual's mental health or other needs.