Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 306 - BEHAVIORAL HEALTH DELIVERY SYSTEM › Subchapter X - DISASTER RULE FLEXIBILITIES FOR BEHAVIORAL HEALTH PROVIDERS › Section 306.1251 - Disaster Flexibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  event of a state of disaster declared pursuant to Texas Government Code §
										418.014
				  for statewide disasters or limited areas subject to the declaration, the
				  flexibilities listed under subsection (c) of this section will be available
				  until the state of disaster is terminated.
(b) Telehealth and telemedicine have the same
				  meaning as the terms telehealth services and telemedicine medical services
				  defined in §
										111.001 of the Texas
				  Occupations Code (relating to Definitions).
(c) The following flexibilities are available
				  to community behavioral health providers to the extent such providers are
				  providing services under Title 25, Part 1 or Title 26, Part 1 of the Texas
				  Administrative Code (TAC) and to the extent the flexibilities do not conflict
				  with federal or state laws, regulations, rules, or orders.
(1) For rules under Title 25, Part 1 and
				  Title 26, Part 1 of the TAC that require a community behavioral health provider
				  to deliver certain services:
(A) through
				  face-to-face or in-person contact, such as the following rules, the provider
				  may use telehealth, telemedicine, video-conferencing, or telephonic methods to
				  engage with the individual to provide these services, to the extent such use is
				  permitted within the scope of the provider's state license, permit, or other
				  legal authorization:
(i)
													§ 301.327 of
				  this title (relating to Access to Mental Health Community Services);
(ii)
													§ 301.351 of this title (relating
				  to Crisis Services);
(iii)
													§
				  301.353 of this title (relating to Provider Responsibilities for Treatment
				  Planning and Service Authorization);
(iv)
													§ 301.357 of this title (relating
				  to Additional Standards of Care Specific to Mental Health Community Services
				  for Children and Adolescents);
(v)
													§ 301.359 of this title (relating to Telemedicine Services);
(vi)
													§ 306.207 of this chapter (relating
				  to Post Discharge or Absence for Trial Placement: Contact and Implementation of
				  the Recovery or Treatment Plan);
(vii)
													§ 306.263 of this chapter
				  (relating to MH Case Management Services Standards);
(viii)
													§ 306.275 of this chapter
				  (relating to Documenting MH Case Management Services);
(ix)
													§ 306.277 of this chapter (relating
				  to Medicaid Reimbursement);
(x)
													§ 306.305 of this chapter (relating to Definitions);
(xi)
													§ 306.323 of this chapter (relating
				  to Documentation Requirements);
(xii)
													§ 306.327 of this chapter
				  (relating to Medicaid Reimbursement);
(xiii)
													§
													307.53
				  of this title (relating to Eligibility Criteria and HCBS-AMH
				  Assessment);
(xiv) 25 TAC §
													415.10(relating
				  to Medication Monitoring); and
(xv)
				  25 TAC §
													415.261(relating
				  to Time Limitation on an Order for Restraint or Seclusion Initiated in Response
				  to a Behavioral Emergency); or