(a) STAR+PLUS.
  (1) STAR+PLUS managed care organizations (MCOs) must conduct initial assessments and annual reassessments using HHSC-developed tools for STAR+PLUS HCBS Program eligibility in-person.
  (2) STAR+PLUS MCOs must conduct all initial and annual assessments using HHSC-developed tools for functionally necessary covered services such as personal assistance services, Community First Choice services, and day activity and health services, in -person.
  (3) Change in condition assessments that require or potentially require a change in the Resource Utilization Group (RUG) level must be conducted in-person.
  (4) MCOs may offer to STAR+PLUS members a choice of audio-visual communication in place of in-person change in condition assessments, as long as the assessment does not require or potentially require a change in the RUG level.
    (A) When an MCO conducts a change in condition assessment using audio-visual communication, verbal consent must be obtained and documented, and a HIPAA-compliant audio-visual communication product must be used.
    (B) If verbal consent for audio-visual communication is not received, the MCO must use in-person communication.
    (C) The MCO must inform members who utilize audio-visual communication for change in condition assessments that the member's services will be subject to the following:
      (i) The MCO must monitor services for fraud, waste, and abuse.
      (ii) The MCO must determine whether additional social services or supports are needed.
      (iii) The MCO must ensure that verbal consent to use telecommunications is documented in writing.
  (5) A STAR+PLUS MCO may not conduct an initial assessment, annual reassessment, or change in condition assessment without the in-person presence of the member.
  (6) During a declared state of disaster, HHSC may issue direction to STAR+PLUS MCOs regarding whether initial, annual renewal, or change in condition assessments may be conducted through audio-visual or audio-only communication for STAR+PLUS members who reside in the area subject to the declared state of disaster.
  (7) STAR+PLUS MCOs must adhere to §353.1153 of this chapter (relating to STAR+PLUS Home and Community Based Services (HCBS) Program) for STAR+PLUS assessments and service planning, and §353.1(c) of this chapter (relating to Purpose) regarding compliance with all terms of the contract with HHSC.
  (8) For limited circumstances, STAR+PLUS MCOs may submit, in a manner and format prescribed by HHSC, an exceptions policy for required in-person assessments for approval by HHSC. The policy must be developed by the MCO's clinical staff, such as the Chief Medical Director or the Director's designee.
(b) STAR Kids.
  (1) The STAR Kids MCO must administer the initial assessment and annual reassessments using the HHSC-developed STAR Kids assessment tool in-person.
  (2) Change in condition assessments that require or potentially require a change in the RUG level must be conducted in-person.
  (3) MCOs may offer STAR Kids members a choice of audio-visual communication in place of in-person change in condition assessments, as long as the assessment does not require or potentially require a change in the RUG level.
    (A) When an MCO conducts a change in condition assessment using audio-visual communication, verbal consent must be obtained and documented, and a HIPAA-compliant audio-visual communication product must be used.
    (B) If verbal consent for audio-visual communication is not received, the MCO must use in-person communication.
    (C) The MCO must inform members who utilize audio-visual communication for change in condition assessments that the member's services will be subject to the following:
      (i) The MCO must monitor services for fraud, waste, and abuse.
      (ii) The MCO must determine whether additional social services or supports are needed.
      (iii) The MCO must ensure that verbal consent to use telecommunications is documented in writing.
  (4) A STAR Kids MCO may not conduct an assessment without the in-person presence of the member.
  (5) During a declared state of disaster, HHSC may issue direction to STAR Kids MCOs regarding whether initial, annual renewal, or change in condition assessments may be conducted through audio-visual or audio-only communication for STAR Kids members who reside in the area subject to the declared state of disaster.
  (6) STAR Kids MCOs must adhere to §353.1155 of this chapter (relating to Medically Dependent Children Program) for assessments and service planning, and §353.1(c) of this chapter regarding compliance with all terms of the contract with HHSC.
  (7) For limited circumstances, STAR Kids MCOs may submit, in a manner and format prescribed by HHSC, an exceptions policy for required in-person assessments for approval by HHSC. The policy must be developed by the MCO's clinical staff, such as the Chief Medical Director or the Director's designee.
(c) STAR Health.
  (1) The STAR Health MCO must administer the HHSC-developed assessment tool for initial Medically Dependent Children Program (MDCP) eligibility and annual reassessments in -person.
  (2) The STAR Health MCO must conduct all initial and annual reassessments using HHSC-developed tools for functionally necessary covered services such as personal assistance services, personal care services, and Community First Choice services, in -person.
  (3) Change in condition assessments that require or potentially require a change in the RUG level must be conducted in-person.
  (4) MCOs may offer STAR Health members a choice of audio-visual communication in place of in-person change in condition assessments, as long as the assessment does not require or potentially require a change in the RUG level.
    (A) When an MCO conducts a change in condition assessment using audio-visual communication, verbal consent must be obtained and documented, and a HIPAA-compliant audio-visual communication product must be used.
    (B) If verbal consent for audio-visual communication is not received, the MCO must use in-person communication.
    (C) The MCO must inform members who utilize audio-visual communication for change in condition assessments that the member's services will be subject to the following:
      (i) The MCO must monitor services for fraud, waste, and abuse.
      (ii) The MCO must determine whether additional social services or supports are needed.
      (iii) The MCO must ensure that verbal consent to use telecommunications is documented in writing.
  (5) A STAR Health MCO may not conduct an assessment without the in-person presence of the member.
  (6) During a declared state of disaster, HHSC may issue direction to STAR Health MCOs regarding whether initial, annual renewal, or change in condition assessments may be conducted through audio-visual or audio-only communication for STAR Health members who reside in the area subject to the declared state of disaster.
  (7) A STAR Health MCO must adhere to §353.1155 of this chapter for MDCP assessments and service planning, and §353.1(c) of this chapter regarding compliance with all terms of the contract with HHSC.
  (8) For limited circumstances, a STAR Health MCO may submit, in a manner and format prescribed by HHSC, an exceptions policy for required in-person assessments for approval by HHSC. The policy must be developed by the MCO's clinical staff, such as the Chief Medical Director or the Director's designee.

Source Note: The provisions of this §353.1503 adopted to be effective June 8, 2023, 48 TexReg 2837