(a) HHSC may allow LIDDAs, LMHAs, and LBHAs to use one or more of the exceptions described in subsection (c) of this section while an executive order or proclamation declaring a state of disaster under Texas Government Code §418.014 is in effect. HHSC will notify LIDDAs, LMHAs, and LBHAs when an exception is permitted and the date the exception must no longer be used, which may be before the declaration of a state of disaster expires.
(b) Subject to the notification by HHSC, the following flexibilities may be available to LIDDAs, LMHAs, and LBHAs to the extent the flexibility is permitted by and does not conflict with other laws or obligations of the LIDDAs, LMHAs, and LBHAs and is allowed by federal and state law.
(c) LIDDAs, LMHAs, and LBHAs, for services normally provided in person, may use audio-visual communication or audio-only communication methods to engage with the individual or resident to carry out the requirements in:
  (1) §303.302(a)(2)(A)(ii) of this chapter (relating to LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process);
  (2) §303.601(b)(7) of this chapter (relating to Habilitation Coordination for a Designated Resident);
  (3) §303.602(e) of this chapter (relating to Service Planning Team Responsibilities Related to Specialized Services);
  (4) §303.701(g) of this chapter (relating to Transition Planning for a Designated Resident);
  (5) §303.905(c)(3) of this chapter (relating to Process for Service Initiation); and
  (6) §303.907(a) of this chapter (relating to Renewal and Revision of Person-Centered Recovery Plan).
(d) LIDDAs, LMHAs, and LBHAs that use the flexibilities allowed under subsection (c) of this section, must comply with:
  (1) all guidance on the application of the rules during the declaration of disaster that is published by HHSC on its website or in another communication format HHSC determines appropriate; and
  (2) all policy guidance applicable to the rules identified in subsection (c) of this section issued by HHSC's Medicaid and CHIP Services.
(e) LIDDAs, LMHAs, and LBHAs must ensure any method of contact complies with all applicable requirements related to security and privacy of information.

Source Note: The provisions of this §303.1000 adopted to be effective April 15, 2024, 49 TexReg 2287