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Ex. TX-049 Order Primary source read

Emergency Rule, 28 TAC § 35.1 (Telemedicine and Telehealth Services), TDI No. 2020-6287

Chapter 35, Subchapter A, COVID-19 Emergency Rules: Telemedicine and Telehealth Services

Texas Department of Insurance, Commissioner of Insurance · Texas (Sector regulator)

The COVID Project

The record

Jurisdiction
Texas
Level
Sector regulator
Authority
Tex. Gov't Code § 2001.034 (emergency rulemaking); Tex. Ins. Code ch. 1455
Issued
2020-03-17 Mar. 17, 2020
Effective
2020-03-17 (immediately) (read as 2020-03-17)
End
Emergency rule (120 days plus 60-day extension under § 2001.034); extension dates not verified (read as 2020-09-30)
In force
Mar. 17, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Health care ordersOther
Addressees
  • health benefit plan issuers
  • physicians and providers
Functions reached
  • TM telehealth under waivers
  • CL clinical intake (compelled shift to remote visits)
  • OF billing
  • CB payers
Collection
Texas TX

Operative words

The Commissioner of Insurance adopts new 28 TAC §35.1, concerning Telemedicine and Telehealth Services, on an emergency basis, effective immediately.... Under the rule, services that are the same must be reimbursed at the same rate whether provided in-person or through telemedicine. Similarly, the new rule does not permit health benefit plans to require documentation for telemedicine services beyond what the plan already requires for in-person services.

Enforcement

TDI enforcement against health benefit plans

Notes

State insurance-regulator instrument that operated with GA-09's procedure postponement to move physician-practice visits to telemedicine

Retrieval note

TDI also adopted 28 TAC § 35.2 (pharmacy benefits, Apr. 1, 2020) and § 35.3 (TWIA, Sept. 2020) (index read; not saved).