The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

1. (1) Audio-only technology--A synchronous interactive, two-way audio communication that uses only sound and that conforms to privacy requirements of the Health Insurance Portability and Accountability Act. Audio-only includes the use of telephonic communication. Audio-only does not include audiovisual or in-person communication.
2. (2) Audiovisual technology--A synchronous interactive, two-way audio and video communication that conforms to privacy requirements under the Health Insurance Portability and Accountability Act. Audiovisual does not include audio-only or in-person communication.
3. (3) CFR--Code of Federal Regulations.
4. (4) HHSC--Texas Health and Human Services Commission or its designee.
5. (5) HIPAA--The Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d et seq.
6. (6) Individual--A person seeking or receiving services under this subchapter.
7. (7) In person or in-person--Within the physical presence of another person. In person or in-person does not include interacting with an individual through audiovisual or audio-only communication.
8. (8) LAR--Legally authorized representative. A person authorized by state law to act on behalf of an individual.
9. (9) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority by HHSC in accordance with Texas Health and Safety Code §533.0356.
10. (10) LMHA--Local mental health authority. An entity designated as the local mental health authority by HHSC in accordance with Texas Health and Safety Code §533.035(a).

11. (11) Provider--A person or entity that contracts to deliver services under this subchapter with:

    1. (A) HHSC;
    2. (B) an LMHA;
    3. (C) an LBHA;
    4. (D) an HHSC-funded substance use intervention provider; or
    5. (E) an HHSC-funded substance use treatment provider.

Source Note:The provisions of this §306.365 adopted to be effective February 23, 2025, 50 TexReg 997