| (a) Billing Requirements.
(1) A licensee must bill clients or third parties for
only those services actually rendered or as agreed to by mutual understanding
at the beginning of services or as later modified by mutual written
agreement.
(2) Relationships between a licensee and any other
person used by the licensee to provide services to a client must be
so reflected on billing documents.
(3) Upon the written request of a client, a client's
guardian, or a client's parent (sole managing, joint managing or possessory
conservator) if the client is a minor, a licensee must provide, in
plain language, a written explanation of the types of treatment and
charges for counseling treatment intervention previously made on a
bill or statement for the client. This requirement applies even if
the charges are to be paid by a third party.
(4) A licensee may not knowingly overcharge a client.
(5) A licensee may not submit to a client or a third
party payor a bill for counseling treatment intervention the licensee
knows or should know is improper, unreasonable, or unnecessary. However,
nothing in this rule should be construed to prevent a licensee from
submitting a bill for an unkept appointment.
(b) In accordance with §503.401(a)(4) of the Act,
a licensee must not intentionally or knowingly offer to pay or agree
to accept any remuneration directly or indirectly, overtly or covertly,
in cash or in kind, to or from any person, firm, association of persons,
partnership, corporation, or entity for securing or soliciting clients
or patronage.
(c) A licensee employed or under contract with a chemical
dependency facility or a mental health facility must comply with the
requirements in the Texas Health and Safety Code, §164.006, relating
to soliciting and contracting with certain referral sources. Compliance
with the Treatment Facilities Marketing Practices Act, Texas Health
and Safety Code Chapter 164, will not be considered as a violation
of state law relating to illegal remuneration.
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