Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 354 - MEDICAID HEALTH SERVICES
Subchapter P - AUTISM SERVICES
Division 2 - SERVICE PROVIDERS
Section 354.5011 - Providers of Applied Behavior Analysis (ABA) Services
Universal Citation: 1 TX Admin Code ยง 354.5011
Current through Reg. 49, No. 38; September 20, 2024
(a) Providers of ABA services include:
(1) LBAs who:
(A) practice within the LBA's state scope of
practice and licensure requirements, meet all relevant provider qualifications,
and comply with all applicable law, rules, and requirements under this
subchapter;
(B) are currently
enrolled in Texas Medicaid through TMHP;
(C) for claims submission purposes, serve as
the Medicaid enrolled rendering provider for all ABA evaluation, treatment, and
supervision services, including those ABA services rendered under the LBA's
supervision by an LaBA or a BT, as applicable, where the rendering provider for
the specific service, which may be the LBA, LaBA, or BT, may or must, as
applicable, be indicated on the claim with an appropriate Medicaid modifier;
and
(D) may provide the following
Medicaid reimbursable ABA services when authorized:
(i) ABA evaluation and treatment services to
the child;
(ii) education and
training services to the LAR, parent, or caregiver, as applicable;
(iii) supervision services for the LaBA or
BT, as applicable, to whom the LBA has delegated service delivery;
and
(iv) required participation in
ABA-related interdisciplinary team meetings, if
utilized.
(2)
LaBAs who:
(A) practice within the LaBA's
state scope of practice and licensure requirements, meet all relevant provider
qualifications and comply with all applicable law, rules, and requirements
under this subchapter; and
(B) are
not Medicaid enrolled but rather render in-person ABA treatment services,
parent or caregiver education and training services, or supervision services
for a BT, under the supervision of the enrolled LBA.
(3) BTs who:
(A) are currently fully registered or
certified as a BT under this subchapter and meet all other relevant provider
qualifications;
(B) practice in
accordance with their national certification or registration requirements and
as directed by the supervising LBA or LaBA, to ensure compliance with all
applicable law, rules, and requirements under this subchapter; and
(C) are not Medicaid enrolled but rather
render in-person ABA treatment services under the supervision of the enrolled
LBA or the LaBA.
(4)
Licensed professionals who:
(A) are described
in the Autism Section in the TMPPM as eligible licensed professionals for
participation in ABA-related interdisciplinary team meetings, other than LBAs;
and
(B) participate in Medicaid
reimbursable ABA-related interdisciplinary team meetings to coordinate care for
the child when eligible.
(b) Providers of ABA services must comply with:
(1) all applicable state and federal law
or rule, such as:
(A) Title XIX of the Social
Security Act (42 U.S.C.
§
1396 et seq.) (relating to Grants to
States for Medical Assistance Programs);
(B)
42 CFR §
440.40(b) (relating to
EPSDT) and §§441.50 - 441.62 (relating to Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT) of Individuals Under Age
21);
(C) Texas Human Resources Code
Chapter 32 (relating to Medical Assistance Program);
(D) Texas Government Code Chapter 531
(relating to Health and Human Services Commission);
(E) Chapter 352 of this title (relating to
Medicaid and Children's Health Insurance Program Provider
Enrollment);
(F) Chapter 353 of
this title (relating to Medicaid Managed Care);
(G) Chapter 354 of this title (relating to
Medicaid Health Services);
(H)
Chapter 363 of this title (relating to Texas Health Steps Comprehensive Care
Program); and
(I) 25 TAC Chapter 33
(relating to Early and Periodic Screening, Diagnosis, and
Treatment);
(2) the Texas
Medicaid Provider Agreement, as applicable;
(3) the NCCI;
(4) the current TMPPM, including:
(A) all published updates, including updates
made available through bulletins, banners, or other means, and any revisions of
published updates;
(B) all
published handbooks, standards, and guidelines; and
(C) the specific ABA service requirements in
this subchapter and the Autism Section in the TMPPM;
(5) Texas Family Code Chapter 261 (relating
to Investigation of Report of Child Abuse or Neglect); and
(6) retrospective reviews, which include
reviews of providers and provider locations, activities, and records to confirm
compliance with all applicable law or rule, and other applicable requirements
under this subchapter.
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