| (2) A preauthorization request may be submitted for an ASC facility setting only if an agreement has already been reached and a copy of the signed agreement is filed as a part of the preauthorization request. (3) The agreement between the insurance carrier and the ASC must be in writing, in clearly stated terms, and include: (A) the reimbursement amount; (B) any other provisions of the agreement; and (C) names, titles and signatures of both parties with dates. (4) Copies of the agreement are to be kept by both parties. This agreement does not constitute a voluntary network established in accordance with Labor Code §413.011(d-1). (5) Upon request of the Division, the agreement information shall be submitted in the form and manner prescribed by the Division. (j) Where any terms or parts of this section or its application to any person or circumstance are determined by a court of competent jurisdiction to be invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalidated provision or application. |
| Source Note: The provisions of this §134.402 adopted to be effective May 9, 2004, 29 TexReg 4191; amended to be effective March 10, 2005, 30 TexReg 1290; amended to be effective December 30, 2007, 32 TexReg 9696; amended to be effective August 31, 2008, 33 TexReg 6830 |
