26 Tex. Admin. Code § 303.1000 - Flexibilities to Certain Requirements During Declaration of Disaster
(a) HHSC may allow LIDDAs, LMHAs, and LBHAs
to use one or more of the exceptions described in subsection (c) of this
section while an executive order or proclamation declaring a state of disaster
under Texas Government Code §
418.014 is in effect.
HHSC will notify LIDDAs, LMHAs, and LBHAs when an exception is permitted and
the date the exception must no longer be used, which may be before the
declaration of a state of disaster expires.
(b) Subject to the notification by HHSC, the
following flexibilities may be available to LIDDAs, LMHAs, and LBHAs to the
extent the flexibility is permitted by and does not conflict with other laws or
obligations of the LIDDAs, LMHAs, and LBHAs and is allowed by federal and state
law.
(c) LIDDAs, LMHAs, and LBHAs,
for services normally provided in person, may use audio-visual communication or
audio-only communication methods to engage with the individual or resident to
carry out the requirements in:
(1)
§
303.302(a)(2)(A)(ii)
of this chapter (relating to LIDDA, LMHA,
and LBHA Responsibilities Related to the PASRR Process);
(2)
§
303.601(b)(7) of
this chapter (relating to Habilitation Coordination for a Designated
Resident);
(3)
§
303.602(e) of
this chapter (relating to Service Planning Team Responsibilities Related to
Specialized Services);
(4)
§
303.701(g) of
this chapter (relating to Transition Planning for a Designated
Resident);
(5)
§
303.905(c)(3) of
this chapter (relating to Process for Service Initiation); and
(6)
§
303.907(a) of
this chapter (relating to Renewal and Revision of Person-Centered Recovery
Plan).
(d) LIDDAs, LMHAs,
and LBHAs that use the flexibilities allowed under subsection (c) of this
section, must comply with:
(1) all guidance on
the application of the rules during the declaration of disaster that is
published by HHSC on its website or in another communication format HHSC
determines appropriate; and
(2) all
policy guidance applicable to the rules identified in subsection (c) of this
section issued by HHSC's Medicaid and CHIP Services.
(e) LIDDAs, LMHAs, and LBHAs must ensure any
method of contact complies with all applicable requirements related to security
and privacy of information.
Notes
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