To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements, to the extent necessary, to allow licensees of the Hearing Instrument Fitters and Dispensers program to provide more services to clients through telehealth and to ease other licensing restrictions.
These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:
Supervision:
- A supervisor of a temporary training permit holder is no longer required to be working in an established place of business (suspension of Texas Occupations Code §402.255(a)(2)).
Practice:
- For those licensees approved to provide telehealth services:
- A smart phone, or any audio-visual, real-time, or two-way interactive communication system, qualifies as telecommunications technology and may now be used to provide telehealth services, as well as telehealth services related to fitting and dispensing hearing instruments (suspension of 16 TAC §§112.150(b)(8)-(11), (d), (f), and (k)).
- Hearing instrument fitters and dispensers are no longer required to conduct an initial professional contact in person at the same physical location as the client (suspension of 16 TAC §112.150(l)).
- Services provided through telehealth must be performed at the same standard of care as in-person health care and within the licensee’s scope of practice and competence, and the equipment used must be appropriate for the situation and properly working as required under 16 TAC112.150(j) and (k).
Facilitators:
- If a facilitator assists with the provision of telehealth services, no prior training is necessary if the provider determines that the facilitator has the competence needed to assist with the services given (suspension of 16 TAC §150(g) and (h)(1).
Licensees who need additional information on billing policies relating to the provision of telehealth services during the COVID-19 pandemic should contact Texas Health and Human Services Medicaid or managed care organizations (MCOs), as policies are changing rapidly. It is critical to check with your payor before initiating a new type of service or service delivery model, such as telehealth.
Before providing telehealth services, licensees should verify the applicability of other requirements and obligations, such as HIPAA and other medical and personal privacy requirements.