(a) A Medicaid or other HHS provider is responsible
for:
(1) the provider's own actions and omissions; and
(2) the actions and omissions of the provider's affiliates,
employees, contractors, vendors, and agents.
(b) All persons and affiliates who participate in the
Medicaid and other HHS programs are required to know:
(1) federal and state law, including rules and regulations,
that govern Medicaid or other HHS programs during the period of time
that the person participates;
(2) the portions of the Texas Medicaid Provider Procedures
Manual regarding the services that the person provides, including
provisions that are applicable to all providers;
(3) other HHS program and procedure manuals and other
official program manuals and publications;
(4) all publicly available official interpretations,
explanations, or bulletins regarding services the person provides;
(5) the contents of any provider enrollment agreement
or application;
(6) any applicable managed care contractual or publicly
available policy provisions related to HHS program integrity;
(7) federal sentencing guidelines and United States
Department of Health and Human Services guidelines governing corporate
compliance programs; and
(8) federal and state privacy and security laws and
regulations regarding use and disclosure of protected health information
and to have the appropriate protocols in place in the event of a breach
of these standards.
(c) A Medicaid or other HHS provider's responsibility
under subsection (a)(2) of this section does not absolve the provider's
affiliates, contractors, vendors, or agents from their own personal
responsibility and liability.
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