| (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
(B) an individual's or staff member's health or safety
shall not be compromised by the flexibilities for training requirements
provided in:
(i) §306.83 of this chapter (relating to Staff
Training); and
(ii) §301.331 of this title (relating to Competency
and Credentialing).
(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.
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