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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER H - ADDITIONAL DSA REQUIREMENTS
SECTION/RULE §259.360 - Providing Physical Therapy, Occupational Therapy, and Speech and Language Pathology as a Telehealth Service

(a) Except as described in subsection (c) of this section, a service provider of physical therapy, occupational therapy, or speech and language pathology may provide physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service.(b) If a service provider of physical therapy, occupational therapy, or speech and language pathology provides physical therapy, occupational therapy, or speech and language pathology to an individual as a telehealth service, a DSA must ensure that the service provider:(1) uses a synchronous audio-visual platform to interact with the individual, supplemented with or without asynchronous store and forward technology;(2) does not use an audio-only platform to provide the service; and(3) before providing the telehealth service:(A) obtains the written informed consent of the individual or LAR to provide the service; or(B) obtains the individual or LAR's oral consent to receive the telehealth service and document's the oral consent in the individual's record.(c) A DSA must ensure that a service provider of physical therapy, occupational therapy, or speech and language pathology performs certain services in person, as required by the Texas Medicaid Provider Procedures Manual. Such services must include:(1) a service that requires a physical agent modality or hands-on therapy, such as a paraffin bath, aquatic therapy, manual therapy, massage, and ultrasound;(2) orthotic management and training, initial encounter and subsequent encounters;(3) prosthetic management or training for an upper or lower extremity, initial encounter and subsequent encounters;(4) a wheelchair assessment and training; and(5) a complex rehabilitation technology assessment.

Source Note: The provisions of this §259.360 adopted to be effective January 30, 2023, 48 TexReg 362.

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