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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 353MEDICAID MANAGED CARE
SUBCHAPTER AGENERAL PROVISIONS
RULE §353.2Definitions

      (i) screening, vision, dental, and hearing services; and

      (ii) other health care services or dental services that are necessary to correct or ameliorate a defect or physical or mental illness or condition. A determination of whether a service is necessary to correct or ameliorate a defect or physical or mental illness or condition:

        (I) must comply with the requirements of a final court order that applies to the Texas Medicaid program or the Texas Medicaid managed care program as a whole; and

        (II) may include consideration of other relevant factors, such as the criteria described in subparagraphs (B)(ii) - (vii) and (C)(ii) - (vii) of this paragraph.

    (B) For Medicaid members over age 20, non-behavioral health services that are:

      (i) reasonable and necessary to prevent illnesses or medical conditions, or provide early screening, interventions, or treatments for conditions that cause suffering or pain, cause physical deformity or limitations in function, threaten to cause or worsen a disability, cause illness or infirmity of a member, or endanger life;

      (ii) provided at appropriate facilities and at the appropriate levels of care for the treatment of a member's health conditions;

      (iii) consistent with health care practice guidelines and standards that are endorsed by professionally recognized health care organizations or governmental agencies;

      (iv) consistent with the member's medical need;

      (v) no more intrusive or restrictive than necessary to provide a proper balance of safety, effectiveness, and efficiency;

      (vi) not experimental or investigative; and

      (vii) not primarily for the convenience of the member or provider.

    (C) For Medicaid members over age 20, behavioral health services that:

      (i) are reasonable and necessary for the diagnosis or treatment of a mental health or substance use disorder, or to improve, maintain, or prevent deterioration of functioning resulting from such a disorder;

      (ii) are in accordance with professionally accepted clinical guidelines and standards of practice in behavioral health care;

      (iii) are furnished in the most appropriate and least restrictive setting in which services can be safely provided;

      (iv) are the most appropriate level or supply of service that can safely be provided;

      (v) could not be omitted without adversely affecting the member's mental and/or physical health or the quality of care rendered;

      (vi) are not experimental or investigative; and

      (vii) are not primarily for the convenience of the member or provider.

  (72) Member--A person who is eligible for benefits under Title XIX of the Social Security Act and Medicaid, is in a Medicaid eligibility category included in the Medicaid managed care program, and is enrolled in a Medicaid MCO.

  (73) Member education program--A planned program of education:

    (A) concerning access to health care services or dental services through the MCO and about specific health or dental topics;

    (B) that is approved by HHSC; and

    (C) that is provided to members through a variety of mechanisms that must include, at a minimum, written materials and face-to-face or audiovisual communications.

  (74) Member materials--All written materials produced or authorized by the MCO and distributed to members or potential members containing information concerning the managed care program. Member materials include member ID cards, member handbooks, provider directories, and marketing materials.

  (75) Non-capitated service--A benefit available to members under the Texas Medicaid program for which an MCO is not responsible for payment.

  (76) Outside regular business hours--As applied to FQHCs and rural health clinics (RHCs), means before 8 a.m. and after 5 p.m. Monday through Friday, weekends, and federal holidays.

  (77) Participating MCO--An MCO that has a contract with HHSC to provide services to members.

  (78) Permanency Care Assistance Program--The program administered by DFPS in accordance with 40 TAC Chapter 700, Subchapter J, Division 2 (relating to Permanency Care Assistance Program).

  (79) Person-centered care--An approach to care that focuses on members as individuals and supports caregivers working most closely with them. It involves a continual process of listening, testing new approaches, and changing routines and organizational approaches in an effort to individualize and de-institutionalize the care environment.

  (80) Person-centered planning--A documented service planning process that includes people chosen by the individual, is directed by the individual to the maximum extent possible, enables the individual to make choices and decisions, is timely and occurs at times and locations convenient to the individual, reflects cultural considerations of the individual, includes strategies for solving conflict or disagreement within the process, offers choices to the individual regarding the services and supports they receive and from whom, includes a method for the individual to require updates to the plan, and records alternative settings that were considered by the individual.

  (81) Post-stabilization care service--A covered service, related to an emergency medical condition, that is provided after a Medicaid member is stabilized in order to maintain the stabilized condition, or, under the circumstances described in 42 C.F.R. §438.114(b) and (e) and 42 C.F.R. §422.113(c)(iii) to improve or resolve the Medicaid member's condition.

  (82) Primary care provider (PCP)--A physician or other provider who has agreed with the health care MCO to provide a medical home to members and who is responsible for providing initial and primary care to patients, maintaining the continuity of patient care, and initiating referral for care.

  (83) Provider--A credentialed and licensed individual, facility, agency, institution, organization, or other entity, and its employees and subcontractors, that has a contract with the MCO for the delivery of covered services to the MCO's members.

  (84) Provider education program--Program of education about the Medicaid managed care program and about specific health or dental care issues presented by the MCO to its providers through written materials and training events.

  (85) Provider network or Network--All providers that have contracted with the MCO for the applicable managed care program.

  (86) Quality improvement--A system to continuously examine, monitor, and revise processes and systems that support and improve administrative and clinical functions.

  (87) Rural Health Clinic (RHC)--An entity that meets all of the requirements for designation as a rural health clinic under §1861(aa)(1) of the Social Security Act (42 U.S.C. §1395x(aa)(1)) and is approved for participation in the Texas Medicaid program.

  (88) Service area--The counties included in any HHSC-defined service area as applicable to each MCO.

  (89) Significant traditional provider (STP)--A provider identified by HHSC as having provided a significant level of care to the target population, including a DSH.

  (90) STAR--The State of Texas Access Reform (STAR) managed care program that operates under a federal waiver and primarily provides, arranges for, and coordinates preventive, primary, acute care, and pharmacy services for low-income families, children, and pregnant women.

  (91) STAR Health--The managed care program that operates under the Medicaid state plan and primarily serves:

    (A) children and youth in DFPS conservatorship;

    (B) young adults who voluntarily agree to continue in a foster care placement (if the state as conservator elects to place the child in managed care); and

    (C) young adults who are eligible for Medicaid as a result of their former foster care status through the month of their 21st birthday.

  (92) STAR Kids--The program that operates under a federal waiver and primarily provides, arranges, and coordinates preventative, primary, acute care, and long-term services and supports to persons with disabilities under the age of 21 who qualify for Medicaid.

  (93) STAR+PLUS--The managed care program that operates under a federal waiver and primarily provides, arranges, and coordinates preventive, primary, acute care, and long-term services and supports to persons with disabilities and elderly persons age 65 and over who qualify for Medicaid by virtue of their SSI or MAO status.

Cont'd...

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