(a) Information technology, including HIPAA-compliant text or email, may supplement audio-visual or in-person assessments, but may not be used as the sole means of conducting an assessment or service management visit.
(b) When a managed care organization (MCO) conducts an assessment or service management 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 management 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 management.
(f) Audio-visual may not be used if an initial or annual assessment for the Medically Dependent Children Program or functionally necessary covered services is being conducted, 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 medical consenter what verbal consent means, and what the member or medical consenter is consenting to.
  (1) The verbal consent for an audio-visual in place of an in-person visit applies only to that visit.
  (2) Verbal consent must be obtained for each audio-visual service coordination visit conducted in place of an in-person visit.
(i) When telephonic screenings or service management 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 management or assessment in person. Only when HHSC issues direction to MCOs during a declared state of disaster that service management 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 in-person contact.
(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 §353.1506 adopted to be effective June 8, 2023, 48 TexReg 2837