Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM
Subchapter F - MENTAL HEALTH AND REHABILITATIVE SERVICES
Section 306.327 - Medicaid Reimbursement
Universal Citation: 26 TX Admin Code ยง 306.327
Current through Reg. 49, No. 38; September 20, 2024
(a) Billable and non-billable activities.
(1) A Medicaid
provider may only bill for medically necessary MH rehabilitative services that
are provided face-to-face to:
(A) a
Medicaid-eligible individual;
(B)
the LAR of a Medicaid-eligible adult (on behalf of the adult); or
(C) the LAR or primary caregiver of a
Medicaid-eligible child or adolescent (on behalf of the child or
adolescent).
(2) The
cost of the following activities are included in the Medicaid MH rehabilitative
services reimbursement rate(s) and may not be directly billed by the Medicaid
provider:
(A) developing and revising the
recovery plan and interventions that are appropriate to an individual's
needs;
(B) staffing and team
meetings to discuss the provision of MH rehabilitative services to a specific
individual;
(C) monitoring and
evaluating outcomes of interventions, including contacts with a person other
than the individual;
(D)
documenting the provision of MH rehabilitative services;
(E) a staff member traveling to and from a
location to provide MH rehabilitative services;
(F) all services provided within a day
program for acute needs that are delivered by a staff member, including
services delivered in response to a crisis or an episode of acute psychiatric
symptoms; and
(G) administering the
uniform assessment to individuals who are receiving psychosocial rehabilitative
services.
(b) Non-reimbursable activities.
(1) The
department will not reimburse a Medicaid provider for any MH rehabilitative
services provided to an individual who is:
(A) a resident of an intermediate care
facility for persons with an intellectual or developmental disability as
described in
42 CFR §
440.150;
(B) a resident in an IMD;
(C) an inmate of a public institution as
defined in
42 CFR §
435.1009;
(D) a resident in a Medicaid-certified
nursing facility unless the individual has been determined through a
pre-admission screening and annual resident review assessment to be eligible
for the specialized service of MH rehabilitative services;
(E) a patient in a general medical hospital;
or
(F) not
Medicaid-eligible.
(2)
With the exception of crisis intervention services and psychosocial
rehabilitative services that are being provided to resolve a crisis situation,
the department will not reimburse a Medicaid provider for any combination of MH
rehabilitative services delivered in excess of eight hours per individual per
day. In addition, the department will not reimburse a Medicaid provider for
more than:
(A) two hours per individual per
day of medication training and support services;
(B) four hours per individual per day of
psychosocial rehabilitative services when the psychosocial rehabilitative
services are being provided in non-crisis situations;
(C) four hours per individual per day of
skills training and development services; and
(D) six hours per individual per day of day
programs for acute needs.
(3) The department will not reimburse a
Medicaid provider for:
(A) an MH
rehabilitative service that is not included in the individual's recovery plan
(except for crisis intervention services documented in accordance with §
306.311(b) of this title (relating
to Service Authorization and Recovery Plan)) and psychosocial rehabilitative
services provided in a crisis situation;
(B) an MH rehabilitative service that is not
authorized in accordance with §
306.311 of this title (except for
crisis intervention services documented in accordance with §
306.311(b) of this
title);
(C) an MH rehabilitative
service provided in excess of the amount authorized in accordance with §
306.311(a)(1) of this
title;
(D) an MH rehabilitative
service provided outside of the duration authorized in accordance with §
306.311(b) of this
title;
(E) a psychosocial
rehabilitative service provided to an individual receiving MH case management
services in accordance with Chapter 412, Subchapter I of this title (relating
to MH Case Management);
(F) an MH
rehabilitative service that is not documented in accordance with §
306.323 of this title (relating to
Documentation Requirements);
(G) an
MH rehabilitative service provided to an individual who does not meet the
eligibility criteria as described in §
306.309 of this title (relating to
Eligibility);
(H) an MH
rehabilitative service provided to an individual who does not have a current
uniform assessment (except for crisis intervention services documented in
accordance with §
306.311(b) of this
title);
(I) an MH rehabilitative
service provided to an individual who is not present, awake, and participating
during such service;
(J) an MH
rehabilitative service that is provided via electronic media;
(K) a crisis service provided to an
individual who does not have a serious mental illness; and
(L) any other activity or service identified
as non-reimbursable in the department's MH Rehabilitative Services Billing
Guidelines, referenced in §
306.333 of this title (relating to
Guidelines).
(c) Services provided same time and same day.
(1) If a Medicaid provider provides more than
one MH rehabilitative service to an individual at the same time and on the same
day, the Medicaid provider may bill for only one of the services
provided.
(2) A Medicaid provider
may bill for a MH rehabilitative service provided to a child or adolescent's
LAR or primary caregiver at the same time and on the same day the child or
adolescent is receiving another MH rehabilitative service only if the staff
member providing the service to the LAR or primary caregiver is different from
the staff member providing the service to the child or adolescent.
(d) Services provided before a fair hearing. If the provision of a MH rehabilitative service is continued prior to a fair hearing decision being rendered, as required by 1 TAC § 357.7(relating to Agency and Designee Responsibilities), the Medicaid provider may bill for such service.
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