2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02161. Provision of Services Through Telecommunications and Information Technology Under Medicaid and Other Public Benefits Programs

Text of section effective until April 01, 2025
Sec. 531.02161.  PROVISION OF SERVICES THROUGH TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY UNDER MEDICAID AND OTHER PUBLIC BENEFITS PROGRAMS.  (a) In this section:
(1)  "Behavioral health services" has the meaning assigned by Section 533.00255.
(2)  "Case management services" includes service coordination, service management, and care coordination.
(b)  To the extent permitted by federal law and to the extent it is cost-effective and clinically effective, as determined by the commission, the commission shall ensure that Medicaid recipients, child health plan program enrollees, and other individuals receiving benefits under a public benefits program administered by the commission or a health and human services agency, regardless of whether receiving benefits through a managed care delivery model or another delivery model, have the option to receive services as telemedicine medical services, telehealth services, or otherwise using telecommunications or information technology, including the following services:
(1)  preventive health and wellness services;
(2)  case management services, including targeted case management services;
(3)  subject to Subsection (c), behavioral health services;
(4)  occupational, physical, and speech therapy services;
(5)  nutritional counseling services; and
(6)  assessment services, including nursing assessments under the following Section 1915(c) waiver programs:
(A)  the community living assistance and support services (CLASS) waiver program;
(B)  the deaf-blind with multiple disabilities (DBMD) waiver program;
(C)  the home and community-based services (HCS) waiver program; and
(D)  the Texas home living (TxHmL) waiver program.
(c)  To the extent permitted by state and federal law and to the extent it is cost-effective and clinically effective, as determined by the commission, the executive commissioner by rule shall develop and implement a system that ensures behavioral health services may be provided using an audio-only platform consistent with Section 111.008, Occupations Code, to a Medicaid recipient, a child health plan program enrollee, or another individual receiving those services under another public benefits program administered by the commission or a health and human services agency.
(d)  If the executive commissioner determines that providing services other than behavioral health services is appropriate using an audio-only platform under a public benefits program administered by the commission or a health and human services agency, in accordance with applicable federal and state law, the executive commissioner may by rule authorize the provision of those services under the applicable program using the audio-only platform.  In determining whether the use of an audio-only platform in a program is appropriate under this subsection, the executive commissioner shall consider whether using the platform would be cost-effective and clinically effective.
Added by Acts 2021, 87th Leg., R.S., Ch. 624 (H.B. 4), Sec. 2, eff. June 15, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.