TITLE 1. ADMINISTRATION

PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 354. MEDICAID HEALTH SERVICES

SUBCHAPTER A. PURCHASED HEALTH SERVICES

DIVISION 33. ADVANCED TELECOMMUNICATIONS SERVICES

1 TAC §354.1432

The Texas Health and Human Service Commission (HHSC) adopts amended §354.1432, concerning Telemedicine and Telehealth Benefits and Limitations. The amended rule is adopted without changes to the proposed text published in the December 23, 2016, issue of the Texas Register (41 TexReg 10034).

BACKGROUND AND JUSTIFICATION

The rule amendments clarify that a patient must receive an initial evaluation by a physician or other qualified healthcare professional prior to receiving telehealth services, with the exception of services to treat a mental health diagnosis or condition. The rule amendments further require that a patient receive an annual follow-up evaluation by a physician or other qualified healthcare professional for continued receipt of telehealth services, again with the exception of services to treat a mental health diagnosis or condition. The amendments permit the evaluating physician or other qualified healthcare professional to conduct the evaluation in person or through a telemedicine visit that conforms to Texas Medical Board rules in 22 TAC Chapter 174, concerning Telemedicine.

COMMENTS

The 30-day comment period ended January 23, 2017. During this period, HHSC did not receive any comments regarding the amended rule.

STATUTORY AUTHORITY

The amended rule is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 1, 2017.

TRD-201700821

Karen Ray

Chief Counsel

Texas Health and Human Service Commission

Effective date: March 21, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 462-6275