(a) Definitions. The following words and terms, when
used in this chapter, have the following meanings, unless the context
clearly indicates otherwise.
(1) Audio-only--A synchronous, interactive, two-way
audio communication that uses only sound and that meets the privacy
requirements of the Health Insurance Portability and Accountability
Act. Audio-only includes the use of telephonic communication. Audio-only
does not include face-to-face communication.
(2) Audio-visual--A synchronous, interactive, two-way
audio and video communication that conforms to privacy requirements
under the Health Insurance Portability and Accountability Act. Audio-visual
does not include audio-only or in-person communication.
(3) Face-to-face--In-person or audio-visual communication
that meets the requirements of the Health Insurance Portability and
Accountability Act. Face-to-face does not include audio-only communication.
(4) In-person (or in person)--Within the physical presence
of another person. In-person or in person does not include audio-visual
or audio-only communication.
(b) The Texas Health and Human Services Commission
(HHSC) may allow local intellectual and developmental disability authorities
(LIDDAs) to use the flexibilities 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 when a flexibility is permitted and the date
the flexibility must no longer be used, which may be before the declaration
of a state of disaster expires.
(c) Subject to the notification by HHSC, the following
flexibilities may be available to LIDDAs to the extent the flexibility
is permitted by and does not conflict with other laws or obligations
of the LIDDA and is allowed by federal and state law.
(1) Service coordination required to be provided in
person under 26 TAC §331.11(d) of this title (relating to LIDDA's
Responsibilities) may be provided using audio-visual or audio-only
communication.
(2) HHSC may extend the timeframes for LIDDAs in the
following rules:
(A) the timeframe to request an administrative hearing
in 40 TAC §4.156 (relating to Request for an Administrative Hearing);
(B) the timeframe for a person and legally authorized
representative (LAR) to request a review of a decision to deny or
terminate services in 26 TAC §301.155(e)(3) (relating to Notification
and Appeals Process);
(C) the timeframe for a person or the person's parent
to comply with the applicable accountability requirement in 40 TAC §2.105(f)(1)
(relating to Accountability) in order for the LIDDA to retroactively
adjust the person's account; and
(D) the timeframe for a person or parent to submit
a request to review a LIDDA's appeal decision to HHSC in 40 TAC §2.109(e)(3)
(relating to Payments, Collections, and Non-payment).
(d) LIDDAs that use one or more of the flexibilities
allowed under subsection (c) of this section must comply with:
(1) all policy guidance applicable to the rules identified
in subsection (c) of this section issued by HHSC Community Services
Division during the declaration of disaster that is published by HHSC
on its LIDDA 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 Medicaid and CHIP
Services.
(e) LIDDAs must ensure audio-only or audio-visual communication
complies with all applicable requirements related to security and
privacy of information.
(f) LIDDAs must notify the person, the LAR, or the
person's parent if the person is younger than 18 years of age, of
the extension of timeframes permitted under subsection (c)(2) of this
section that apply to the person receiving services.
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