Recommended Change #1:  In Section C. 3., "telephone communication" should be deleted from the list of in-kind activities that cannot be billed.

Reason for Change: Telephone communication is considered an allowable activity in B. i.

Recommended Change #2:  In Section B. i., the phrase "or via video conferencing" should be added at the end. 

Reason for Change: The would clarify that video conferencing is an allowable activity in the provision of Therapeutic Consultation services. Allowing video conferencing might increase the availability of Therapeutic Consultation services, especially in rural areas.

Recommended Change #3:  All of C. 4. ("Therapeutic consultation shall not be billed solely for purposes of monitoring the individual") should be deleted.

Reason for Change:  Page 79 of the December 2018 DOJ Monitor's report states "... of those who did have BSPs, half were not supervised by qualified behavior clinicians." The current language in the regulations suggests that monitoring of an ongoing Behavioral Support Plan (BSP) is not an allowable activity. In fact, ongoing monitoring (that is, supervision by a qualified clinician) of an individual's progress is essential if the plan is to be successful. The language in C.4. suggests that this monitoring is not permitted.