(a) Information technology, including HIPAA-compliant text or email, may supplement audio-visual communication or in-person assessments, but may not be used as the sole means of conducting an assessment or service coordination visit.
(b) When a managed care organization (MCO) conducts an assessment or service coordination visit using telecommunications, the MCO must:
  (1) monitor the health care services provided to the recipient for evidence of fraud, waste, and abuse;
  (2) determine whether additional social services or supports are needed;
  (3) document verbal consent to use telecommunications; and
  (4) adhere to HIPAA, including the use of a HIPAA-compliant audio-visual communication product.
(c) HHSC may, on a case-by-case basis, require an MCO to discontinue telecommunications for the delivery of service coordination or assessments if HHSC determines that the discontinuation is in the best interest of the member.
(d) An MCO may conduct additional in-person visits with members, as determined by the MCO.
(e) MCOs must have a means to document verbal consent to the use of telecommunications for the delivery of assessments or service coordination.
(f) Where HHSC contractually requires face-to-face service coordination, the MCOs may conduct these visits in-person or using audio-visual means. Audio-visual may not be used if an assessment is being conducted during the service coordination visit, unless HHSC issues direction allowing audio-visual assessments during a declared state of disaster.
(g) MCOs may not leave blank fields in assessment tools, including tools to evaluate home and community-based service needs, nursing needs, and functional needs. Audio-visual is not an appropriate means of assessing a member if it results in blank fields.
(h) MCOs must explain to the member or the member's LAR what verbal consent means, and what the member or member's LAR is consenting to.
  (1) The verbal consent for audio-visual communication in place of an in-person visit applies only to that visit.
  (2) Verbal consent must be obtained for each service coordination visit conducted using audio-visual communication in place of an in-person visit.
(i) When telephonic service coordination visits are authorized by contract, these visits may continue to be provided by telephonic communication.
(j) An MCO must honor a member's request to receive service coordination or assessments in-person. Only when HHSC issues direction to MCOs during a declared state of disaster that service coordination or assessments must be conducted using audio-visual or audio-only communication due to the specific nature of a governor declared disaster, may an MCO deny a member's request for an in-person visit.
(k) MCOs may use their discretion on how to document verbal consent in a HIPAA-compliant manner. However, MCOs must be able to produce the documentation of verbal consent for audit and compliance purposes.

Source Note: The provisions of this §353.1505 adopted to be effective June 8, 2023, 48 TexReg 2837