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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 262TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER AGENERAL PROVISIONS
RULE §262.9Providing 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 program provider 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 documents the oral consent in the individual's record.

(c) A program provider 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 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 §262.9 adopted to be effective March 1, 2023, 48 TexReg 1055

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