Current through Reg. 50, No. 13; March 28, 2025
(a) A provider may
deliver services as permitted under this subchapter, if such delivery is
permitted under the provider's state license, permit, or other legal
authorization.
(b) If a behavioral
health service has a procedure code that is billable in Medicaid, but the
service is funded through general revenue, a provider must adhere to:
(1) the Texas Medicaid Provider Procedures
Manual and the Behavioral Health and Case Management Services Handbook posted
on the Texas Medicaid and Healthcare Partnership website;
(2) the Texas Medicaid Provider Procedures
Manual and Telecommunications Services Handbook posted on the Texas Medicaid
and Healthcare Partnership website; and
(3) other Medicaid guidance concerning
delivery of behavioral health services by audiovisual technology and audio-only
technology.
(c) A
provider may deliver behavioral health services that do not have a procedure
code billable in Medicaid either in person, by audiovisual technology, or by
audio-only technology.
(d) A
provider delivering behavioral health services by audiovisual technology or
audio-only technology as permitted under this subchapter must:
(1) deliver behavioral health services in
person or use audiovisual technology rather than audio-only technology,
whenever possible;
(2) offer the
option of in-person service delivery and not require an individual to receive
services through audiovisual technology or audio-only technology;
(3) defer to the needs of the individual
receiving services, allowing the method of service delivery to be accessible,
person-centered and family-centered, and driven primarily by the individual's
choice rather than provider convenience;
(4) only deliver the service by audiovisual
technology and audio-only technology if agreed to by the individual or
LAR;
(5) determine that providing
the service by audiovisual technology or audio-only technology is clinically
appropriate and safe;
(6) deliver
services in compliance with state standards set forth in Texas Health and
Safety Code §
533.035(d)
and §
533.0356(h),
Texas Health and Safety Code Chapter 464, and in accordance with applicable
HHSC rules; and
(7) maintain the
confidentiality of protected health information as required by 42 CFR Part 2,
45 CFR Parts 160 and 164, Texas Occupations Code Chapter 159, Texas Health and
Safety Code Chapter 611, and other applicable federal and state law.
(e) A provider must ensure any
software or technology used complies with all applicable state and federal
requirements, including HIPAA confidentiality and data encryption requirements,
and with the United States Department of Health and Human Services rules
implementing HIPAA confidentiality and data encryption requirements.
