Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM
Subchapter H - BEHAVIORAL HEALTH SERVICES-TELECOMMUNICATIONS
Section 306.365 - Definitions

Universal Citation: 26 TX Admin Code § 306.365

Current through Reg. 50, No. 13; March 28, 2025

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

(1) Audio-only technology--A synchronous interactive, two-way audio communication that uses only sound and that conforms to privacy requirements of the Health Insurance Portability and Accountability Act. Audio-only includes the use of telephonic communication. Audio-only does not include audiovisual or in-person communication.

(2) Audiovisual technology--A synchronous interactive, two-way audio and video communication that conforms to privacy requirements under the Health Insurance Portability and Accountability Act. Audiovisual does not include audio-only or in-person communication.

(3) CFR--Code of Federal Regulations.

(4) HHSC--Texas Health and Human Services Commission or its designee.

(5) HIPAA--The Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq.

(6) Individual--A person seeking or receiving services under this subchapter.

(7) In person or in-person--Within the physical presence of another person. In person or in-person does not include interacting with an individual through audiovisual or audio-only communication.

(8) LAR--Legally authorized representative. A person authorized by state law to act on behalf of an individual.

(9) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority by HHSC in accordance with Texas Health and Safety Code § 533.0356.

(10) LMHA--Local mental health authority. An entity designated as the local mental health authority by HHSC in accordance with Texas Health and Safety Code § 533.035(a).

(11) Provider--A person or entity that contracts to deliver services under this subchapter with:

(A) HHSC;

(B) an LMHA;

(C) an LBHA;

(D) an HHSC-funded substance use intervention provider; or

(E) an HHSC-funded substance use treatment provider.

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