| (a) HHSC may allow LIDDAs, LMHAs, and LBHAs to use
one or more of the exceptions described in subsection (c) of this
section while an executive order or proclamation declaring a state
of disaster under Texas Government Code §418.014 is in effect.
HHSC will notify LIDDAs, LMHAs, and LBHAs when an exception is permitted
and the date the exception must no longer be used, which may be before
the declaration of a state of disaster expires.
(b) Subject to the notification by HHSC, the following
flexibilities may be available to LIDDAs, LMHAs, and LBHAs to the
extent the flexibility is permitted by and does not conflict with
other laws or obligations of the LIDDAs, LMHAs, and LBHAs and is allowed
by federal and state law.
(c) LIDDAs, LMHAs, and LBHAs, for services normally
provided in person, may use audio-visual communication or audio-only
communication methods to engage with the individual or resident to
carry out the requirements in:
(1) §303.302(a)(2)(A)(ii) of this chapter (relating
to LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process);
(2) §303.601(b)(7) of this chapter (relating to
Habilitation Coordination for a Designated Resident);
(3) §303.602(e) of this chapter (relating to Service
Planning Team Responsibilities Related to Specialized Services);
(4) §303.701(g) of this chapter (relating to Transition
Planning for a Designated Resident);
(5) §303.905(c)(3) of this chapter (relating to
Process for Service Initiation); and
(6) §303.907(a) of this chapter (relating to Renewal
and Revision of Person-Centered Recovery Plan).
(d) LIDDAs, LMHAs, and LBHAs that use 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 HHSC's Medicaid and CHIP
Services.
(e) LIDDAs, LMHAs, and LBHAs must ensure any method
of contact complies with all applicable requirements related to security
and privacy of information.
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