| (a) Procedures. An HTW provider must:
(1) be enrolled as a Medicaid program provider in accordance
with Chapter 352 of this title (relating to Medicaid and Children's
Health Insurance Program Provider Enrollment);
(2) comply with subsection (b) of this section;
(3) complete the certification described in subsection
(e) of this section; and
(4) comply with the requirements in Chapter 354, Subchapter
A, Division 1 of this title (relating to Medicaid Procedures for Providers).
(5) ensure women in HTW receive information and referrals
to HHSC programs like the Primary Health Care Services Program.
(b) Requirements. An HTW provider must ensure that:
(1) the HTW provider does not perform or promote elective
abortions outside the scope of the HTW program and is not an affiliate
of an entity that performs or promotes elective abortions; and
(2) in offering or performing a covered service, the
HTW provider:
(A) does not promote elective abortion within the scope
of HTW;
(B) maintains physical and financial separation between
its HTW activities and any elective abortion-performing or abortion-promoting
activity, as evidenced by the following:
(i) physical separation of HTW services from any elective
abortion activities, no matter what entity is responsible for the
activities;
(ii) a governing board or other body that controls
the HTW provider has no board members who are also members of the
governing board of an entity that performs or promotes elective abortions;
(iii) accounting records that confirm that none of
the funds used to pay for HTW services directly or indirectly support
the performance or promotion of elective abortions by an affiliate;
and
(iv) display of signs and other media that identify
HTW and the absence of signs or materials promoting elective abortion
in the HTW provider's location or in the HTW provider's public electronic
communications; and
(C) does not use, display, or operate under a brand
name, trademark, service mark, or registered identification mark of
an organization that performs or promotes elective abortions.
(c) Defining "promote." For purposes of subsection
(b) of this section, the term "promote" means advancing, furthering,
advocating, or popularizing elective abortion by, for example:
(1) taking affirmative action to secure elective abortion
services for an HTW client (such as making an appointment, obtaining
consent for the elective abortion, arranging for transportation, negotiating
a reduction in an elective abortion provider fee, or arranging or
scheduling an elective abortion procedure); however, the term does
not include providing upon the patient's request neutral, factual
information and nondirective counseling, including the name, address,
telephone number, and other relevant information about a provider;
(2) furnishing or displaying to an HTW client information
that publicizes or advertises an elective abortion service or provider;
or
(3) using, displaying, or operating under a brand name,
trademark, service mark, or registered identification mark of an organization
that performs or promotes elective abortions.
(d) Compliance information. Upon request, an HTW provider
must provide HHSC with all information HHSC requires to determine
the HTW provider's compliance with this section.
(e) Certification. Before initially providing covered
services and periodically thereafter, an HTW provider must certify
its compliance with subsection (b) of this section using an HHSC-approved
form and any other requirement specified by HHSC.
(f) HTW provider disqualification. If HHSC determines
that an HTW provider fails to comply with subsection (b) of this section,
HHSC disqualifies the provider from the HTW program.
(g) Client assistance and recoupment. If an HTW provider
is disqualified, HHSC takes appropriate action to:
(1) assist a client to find an alternate HTW provider;
and
(2) recoup any funds paid to a disqualified HTW provider
for covered services performed during the period of disqualification.
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