26 Tex. Admin. Code § 306.1251 - Disaster Flexibilities
(a) In the
event of a state of disaster declared pursuant to Texas Government Code §
418.014 for statewide
disasters or limited areas subject to the declaration, the flexibilities listed
under subsection (c) of this section will be available until the state of
disaster is terminated.
(b)
Telehealth and telemedicine have the same meaning as the terms telehealth
services and telemedicine medical services defined in §
111.001 of the Texas
Occupations Code (relating to Definitions).
(c) The following flexibilities are available
to community behavioral health providers to the extent such providers are
providing services under Title 25, Part 1 or Title 26, Part 1 of the Texas
Administrative Code (TAC) and to the extent the flexibilities do not conflict
with federal or state laws, regulations, rules, or orders.
(1) For rules under Title 25, Part 1 and
Title 26, Part 1 of the TAC that require a community behavioral health provider
to deliver certain services:
(A) through
face-to-face or in-person contact, such as the following rules, the provider
may use telehealth, telemedicine, video-conferencing, or telephonic methods to
engage with the individual to provide these services, to the extent such use is
permitted within the scope of the provider's state license, permit, or other
legal authorization:
(i)
§
301.327 of this title (relating to
Access to Mental Health Community Services);
(ii)
§
301.351 of this title (relating to
Crisis Services);
(iii)
§
301.353 of this title (relating to
Provider Responsibilities for Treatment Planning and Service
Authorization);
(iv)
§
301.357 of this title (relating to
Additional Standards of Care Specific to Mental Health Community Services for
Children and Adolescents);
(v)
§
301.359 of this title (relating to
Telemedicine Services);
(vi)
§
306.207 of this chapter (relating
to Post Discharge or Absence for Trial Placement: Contact and Implementation of
the Recovery or Treatment Plan);
(vii)
§
306.263 of this chapter (relating
to MH Case Management Services Standards);
(viii)
§
306.275 of this chapter (relating
to Documenting MH Case Management Services);
(ix)
§
306.277 of this chapter (relating
to Medicaid Reimbursement);
(x)
§
306.305 of this chapter (relating
to Definitions);
(xi)
§
306.323 of this chapter (relating
to Documentation Requirements);
(xii)
§
306.327 of this chapter (relating
to Medicaid Reimbursement);
(xiii)
§
307.53 of this title (relating to
Eligibility Criteria and HCBS-AMH Assessment);
(xiv) 25 TAC §
415.10(relating to Medication
Monitoring); and
(xv) 25 TAC §
415.261(relating to Time
Limitation on an Order for Restraint or Seclusion Initiated in Response to a
Behavioral Emergency); or
(B) in a specific physical space or on site,
such as 25 TAC §
414.554(relating to
Responsibilities of Local Authorities, Community Centers, and Contractors), the
provider may deliver the service using virtual platforms, such as telephone or
videoconferencing.
(2)
Section 307.5 of this title (relating to
Eligibility Criteria) that require a child or adolescent participating in the
Youth Empowerment Services (YES) Waiver Program to reside with their legally
authorized representative to receive services may reside with another
responsible adult. Providers must ensure the alternate residency complies with
any applicable requirements related to participation in the YES Waiver Program.
The flexibility allowed under this subsection IS NOT IN EFFECT unless and until
the Centers for Medicare & Medicaid Services approves HHSC's request for
activation of Appendix-K.
(3) For
rules under Title 25, Part 1 and Title 26, Part 1 of the TAC that require staff
training through face-to-face or in-person contact or in a specific physical
space or on site, staff training may be done on virtual platforms.
(4) For rules under Title 25, Part 1 and
Title 26, Part 1 of the TAC where HHSC may issue guidance to extend timeframe
flexibilities:
(A) the extended timeframe may
not be longer than 120 days for compliance with staff training requirements
based on training availability and feasibility during, or resulting from, a
declared disaster; and
(d) Providers that avail themselves of 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
the Texas Health and Human Service Commission Medicaid Services
Department.
(e)
Providers must ensure any method of contact complies with all applicable
requirements related to security and privacy of information.
Notes
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