| (a) A licensee shall 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 for or from any health care professional.
In accordance with the provisions of the Act, §505.451, a licensee
is subject to disciplinary action if the licensee directly or indirectly
offers to pay or agrees to accept remuneration to or from any person
for securing or soliciting a client or patronage. Payment of credentialing
or other fees to insurance companies or other third party payers to
be part of an approved provider list shall not be considered as a
violation of this chapter.
(b) A licensee employed or under contract with a chemical
dependency facility or a mental health facility, shall 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, shall not be considered
as a violation of state law relating to illegal remuneration.
(c) A licensee shall not knowingly or flagrantly overcharge
a client, and shall bill clients and/or third parties for only those
services that the licensee actually renders.
(d) Billing documents shall accurately reflect any
collateral service the licensee uses to help serve the client.
(e) A licensee may not submit to a client and/or a
third party payer a bill for services that the licensee knows were
not provided, with the exception of a missed appointment, or knows
were improper, unreasonable or unnecessary.
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