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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 259COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER HADDITIONAL DSA REQUIREMENTS
RULE §259.360Providing Physical Therapy, Occupational Therapy, and Speech and Language Pathology as a Telehealth Service

(a) Except as described in subsection (c) of this section, a service provider of physical therapy, occupational therapy, or speech and language pathology may provide physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service.

(b) If a service provider of physical therapy, occupational therapy, or speech and language pathology provides physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service, a DSA must ensure that the service provider:

  (1) uses a synchronous audio-visual platform to interact with the individual, supplemented with or without asynchronous store and forward technology;

  (2) does not use an audio-only platform to provide the service; and

  (3) before providing the telehealth service:

    (A) obtains the written informed consent of the individual or LAR to provide the service; or

    (B) obtains the individual or LAR's oral consent to receive the telehealth service and document's the oral consent in the individual's record.

(c) A DSA must ensure that a service provider of physical therapy, occupational therapy, or speech and language pathology performs certain services in person, as required by the Texas Medicaid Provider Procedures Manual. Such services must include:

  (1) a service that requires a physical agent modality or hands-on therapy, such as a paraffin bath, aquatic therapy, manual therapy, massage, and ultrasound;

  (2) orthotic management and training, initial encounter and subsequent encounters;

  (3) prosthetic management or training for an upper or lower extremity, initial encounter and subsequent encounters;

  (4) a wheelchair assessment and training; and

  (5) a complex rehabilitation technology assessment.


Source Note: The provisions of this §259.360 adopted to be effective January 30, 2023, 48 TexReg 362

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