March 12th, 2026
Concerning IL 2026-01:
HHSC has said that at this time, there is no intent to require documentation by the provider that the individual or guardian is informed every time telehealth is used, that:
All persons who use, receive or deliver telehealth services must inform the individual receiving the service that “The individual may stop the service or turn off the audio-visual equipment at any point during a session.”
Nor is it required that authorization is received every time the service is used.
Currently, Regulatory is not monitoring compliance with the Information Letter (IL). HHSC stated monitoring is not happening and that, at this time, there is no rule requiring delivery of the statement prior to each tele-health service or training to evidence all affected are aware of the expectations provided in the IL.
February 2nd, 2026
Information Letter No. 2026-01 Published: Telehealth Guidance CLASS/DBMD/HCS/TxHmL
HHSC has published IL No. 2026-01 on January 14, 2026. This letter provides guidance to CLASS, DBMD, HCS, and TxHmL providers regarding certain services that can be delivered using videoconferencing or synchronous audio-visual technology to ensure the rights, health, safety, and welfare of a person receiving services are maintained.
In addition to current requirements, a program provider must ensure staff members or service providers who deliver services using synchronous audio-visual technology or videoconferencing comply with requirements to protect the rights, health, safety, and welfare of a person receiving services through videoconferencing or synchronous audio-visual modality.
New Requirements: In addition to current requirements, a program provider must ensure staff members or service providers who deliver services using synchronous audio-visual technology or videoconferencing comply with the following requirements to protect the rights, health, safety, and welfare of a person receiving services through videoconferencing or synchronous audio-visual modality.
Required Notifications Before Service Delivery Before initiating any session where services are delivered through synchronous audio-visual technology or videoconferencing: The staff member or service provider must inform the person or their legally authorized representative that the person has the right to disable or seek assistance in disabling any real-time synchronous audio-visual or videoconferencing technology, and at any point during the session, the person may choose to terminate the use of such technology or request assistance from a third party to do so.
Emergency Response Protocol: If the staff member or service provider observes or becomes aware of an emergency during the delivery of service using synchronous audio-visual technology or videoconferencing, the staff member or service provider will immediately contact appropriate emergency services (911 or local emergency dispatch).
