Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS
Division 3 - REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES
Section 260.355 - Therapies

Universal Citation: 26 TX Admin Code § 260.355

Current through Reg. 49, No. 38; September 20, 2024

(a) A program provider must provide or ensure the provision of the following therapies:

(1) occupational therapy;

(2) physical therapy;

(3) speech-language pathology;

(4) audiology; and

(5) dietary services.

(b) A program provider must ensure a therapy:

(1) is delivered by an appropriately licensed service provider, as follows:

(A) for occupational therapy, an occupational therapist licensed in accordance with Texas Occupations Code Chapter 454;

(B) for physical therapy, a physical therapist licensed in accordance with Texas Occupations Code Chapter 453;

(C) for speech-language pathology, a speech-language pathologist licensed in accordance with Texas Occupations Code Chapter 401;

(D) for audiology, an audiologist licensed in accordance with Texas Occupations Code Chapter 401; or

(E) for dietary services, a dietitian licensed in accordance with Texas Occupations Code Chapter 701.

(2) includes, as appropriate, the following activities:

(A) screening and assessment;

(B) developing and implementing a treatment plan that, as appropriate, includes a plan to:

(i) transfer a therapy task to an unlicensed service provider; and

(ii) change the role of the therapist to a supervisory role;

(D) consulting with or training of family members and other service providers;

(E) participating on an individual's service planning team, when appropriate;

(F) informing the physician and other appropriate professionals of changes in the individual's health status that may require a change in the IPC;

(G) preparing a report to the case manager as described in subsection (g) of this section;

(H) supervising and training an unlicensed service provider within the scope of applicable state statutes and rules; and

(I) conducting assessments and preparing specifications for the procurement of an adaptive aid or minor home modification; and

(3) is provided to an individual at a location agreeable to the individual or LAR.

(1) obtain a physician's order for therapy before the delivery of the therapy;

(2) ensure that the physician's order includes the following:

(A) individual's name;

(B) type of therapy;

(D) other instructions, if applicable;

(E) physician's name and medical specialty; and

(F) effective date of the order; and

(3) retain the physician's order in the individual's record.

(d) A program provider may accept faxed physician's orders for therapy services.

(1) The program provider does not have to obtain a countersignature of the faxed orders by the prescribing physician.

(2) The program provider must ensure the faxed orders are legible.

(e) If requested by an individual's service planning team, a service provider of a therapy may screen an individual for therapy services without obtaining a physician's order.

(f) A program provider may bill HHSC only for the following therapy activities:

(1) screening, assessing, and evaluating the need for services;

(2) developing and implementing a treatment plan;

(3) periodically evaluating the individual's progress toward achieving the goals and outcomes described in the IPP for the therapy service and providing updates to the program provider;

(4) providing direct therapeutic intervention;

(5) interacting with the individual or LAR regarding the individual's condition and progress toward or achievement of goals;

(6) training the individual to use an adaptive aid;

(7) delegating therapy tasks to an unlicensed person in accordance with rules of the appropriate licensing board;

(8) consulting with family members and other service providers regarding the individual's DBMD Program and CFC services;

(9) informing the physician and the program provider of changes in the individual's health status requiring a service plan change;

(10) participating in service planning team meetings, if requested;

(11) supervising and training an unlicensed service provider within the scope of the therapy examining board rules;

(12) participating in a fair hearing at the request of a member of the service planning team to provide information within the scope of the service provider's license;

(13) assisting with writing specifications for adaptive aids; and

(14) providing consultation or justification for the procurement of an adaptive aid or minor home modification.

(g) A program provider must ensure an appropriately licensed therapist provides a report to the individual's case manager at least 10 calendar days before the review described in § 260.77(a) of this chapter (relating to Renewal and Revision of an IPP and IPC) that:

(1) reviews the individual's progress toward achieving the goals and outcomes described in the IPP for that therapy;

(2) reviews whether the services are meeting the individual's needs;

(3) documents whether the individual's needs have changed; and

(4) documents attempts to teach maintenance services and techniques to other service providers.

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