16 Tex. Admin. Code § 100.64 - Appropriate Client Care and Fraud Prevention

(a) A health professional providing a telehealth service to a client shall ensure that the telecommunications or information technology used to provide the telehealth service is of sufficient quality to allow the health professional to meet the applicable standard of care.

(b) It is the health professional's duty to ensure the client or the client's authorized representative can provide all necessary diagnostic information and understand all communication provided during the telehealth service to meet the applicable standard of care.

(c) To ensure appropriate client care, a health professional providing a telehealth service shall:

(1) inform the client or the client's authorized representative about the capabilities and limitations of any telehealth service to be provided;

(2) ensure that informed consent is obtained if it would be required for an in-person service of the same type;

(3) allow the client or the client's authorized representative to refuse delivery of telehealth services at any time; and

(4) provide the client or the client's authorized representative with information about follow-up care if indicated by the applicable standard of care for the service provided.

(d) To prevent fraud and abuse when providing a telehealth service, a health professional shall:

(1) take reasonable steps to verify the identity of the client matches the person who is scheduled to receive the telehealth service;

(2) document a telehealth service to the same extent as would be required for an in-person service;

(3) ensure that any additional required telehealth-related documentation is maintained in accordance with the applicable laws and rules governing the practice of the health professional; and

(4) ensure appropriate protocols are in place to prevent unauthorized access to client communications and claim information.

Notes

16 Tex. Admin. Code § 100.64

Adopted by Texas Register, Volume 47, Number 16, April 22, 2022, TexReg 2130, eff. 5/1/2022