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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 354MEDICAID HEALTH SERVICES
SUBCHAPTER PAUTISM SERVICES
DIVISION 1GENERAL PROVISIONS
RULE §354.5003Definitions

    (A) is currently licensed without restriction as a physician assistant by the Texas Medical Board-Physician Assistant Board, under TOC, Chapter 204 (relating to Physician Assistants); and

    (B) practices under a current and executed prescriptive authority agreement with a qualified physician in accordance with TOC, Chapter 157, Subchapter B.

  (33) PCP--Primary care physician. A person who is a qualified physician who:

    (A) has agreed with a Medicaid health care managed care organization to provide a medical home to Medicaid enrolled members; and

    (B) is responsible for providing on-going primary care services to Medicaid members, maintaining the continuity of patient care, and initiating referrals for care.

  (34) Person-centered--An approach to health care services that:

    (A) is based on the clinically assessed needs of the child, in collaboration with all relevant and available service providers, that focuses on the child as an individual and supports those who are closest to the child, as applicable;

    (B) uses a documented service planning process that includes the child and those who are closest to the child, as applicable, that:

      (i) is directed by the child to the greatest extent possible;

      (ii) enables the child to make choices and decisions, including who provides the services and supports they receive;

      (iii) reflects cultural considerations;

      (iv) includes strategies for solving conflict or disagreement within the service provision process;

      (v) provides services which are timely and occur at times and locations convenient to the child and those closest to the child; and

      (vi) includes a method for them to require updates to the treatment plan; and

    (C) involves a continual process by the provider of listening, testing new approaches, and changing routines and organizational approaches to individualize and de-institutionalize the care environment.

  (35) Physician--A medical doctor or a doctor of osteopathy who is currently licensed without restriction by the Texas Medical Board under TOC, Chapter 155 (relating to License to Practice Medicine) to practice medicine or osteopathy.

  (36) PT--Physical therapy. PT is the discipline and services of physical therapy, where the services are regulated by the Executive Council of Physical Therapy and Occupational Therapy Examiners, Texas Board of Physical Therapy Examiners, under TOC, Chapter 453 (relating to Physical Therapists).

  (37) Rendering provider--For the purposes of Medicaid claim submission for ABA evaluation and treatment services for ASD, an LBA is the only Medicaid enrolled rendering provider as described in §354.5011 of this subchapter (relating to Providers of Applied Behavior Analysis (ABA) Services).

  (38) Speech-language pathology--The discipline and services of speech-language pathology. In documents related to services under this subchapter and the Autism Section, these services are also called speech therapy, interchangeably. These services are regulated by TDLR under TOC, Chapter 401 (relating to Speech-Language Pathologists and Audiologists).

  (39) ST--Speech therapy. The discipline and services of speech therapy or speech-language pathology. In documents related to services under this subchapter and the Autism Section, these services are also called speech-language pathology, interchangeably. These services are regulated by TDLR under TOC, Chapter 401.

  (40) Supervision of ABA services rendered by an LaBA or BT--Means:

    (A) the LBA must:

      (i) provide direct and indirect supervision of the ABA services of the LaBA or BT, who is included in the formal ABA supervision documentation; and

      (ii) deliver appropriate supervision in accordance with state licensing requirements, in TOC, Chapter 506 (relating to Behavior Analysts) and 16 TAC Chapter 121 (relating to Behavior Analyst), and the Autism Section in the TMPPM;

    (B) the LaBA, if applicable, must:

      (i) provide direct and indirect supervision of the ABA services of the BT, where both the LaBA and BT are identified in the formal ABA supervision documentation and in which the services delegated to each are specified; and

      (ii) deliver appropriate supervision in accordance with state licensing requirements, in TOC, Chapter 506 (relating to Behavior Analysts) and 16 TAC Chapter 121 (relating to Behavior Analyst); and

    (C) a Medicaid reimbursable direct supervision session by the LBA, or LaBA, as applicable, must occur when the LaBA or BT is currently and actively providing in-person ABA treatment services to a child, and requires the LBA, or LaBA, as applicable, to consider any necessary ABA service protocol modification, as described in the appropriate Current Procedural Terminology code.

  (41) TAC--Texas Administrative Code.

  (42) TDLR--Texas Department of Licensing and Regulation. The Texas licensing agency that regulates and issues licenses for LBAs, LaBAs, and certain other professionals.

  (43) THSteps--Texas Health Steps. A Medicaid program defined in 25 TAC Chapter 33. The State of Texas has adopted the name Texas Health Steps for its EPSDT program.

  (44) THSteps-CCP--Texas Health Steps-Comprehensive Care Program. The Texas Medicaid EPSDT-CCP, described in Chapter 363 of this title.

  (45) TMHP--Texas Medicaid and Healthcare Partnership.

  (46) TMPPM--Texas Medicaid Provider Procedures Manual. The current manual published by TMHP, that:

    (A) is a comprehensive guide for Texas Medicaid providers for fee-for-service benefits, policies, and procedures; and

    (B) is updated monthly to include all published updates, including those made available to providers through bulletins, banners, or other means, and any revisions of published updates which became effective in the month prior.

  (47) TOC--Texas Occupations Code.

  (48) Trauma-informed--A program, organization, or system that is trauma-informed realizes the widespread impact of trauma and:

    (A) understands potential paths for recovery from trauma;

    (B) recognizes the signs and symptoms of trauma in members, families, staff, and others involved with the system; and

    (C) responds by fully integrating knowledge about trauma into policies, procedures, and practices, and seeks to actively resist traumatization and re-traumatization.

  (49) Treatment plan--A plan for ABA services for a child that:

    (A) is tailored to the specific needs of the child, and those who are closest to the child, as applicable;

    (B) meets all requirements under this subchapter and the Autism Section in the TMPPM; and

    (C) must be authorized.

  (50) U.S.C.--United States Code.


Source Note: The provisions of this §354.5003 adopted to be effective March 8, 2023, 48 TexReg 1281

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