| (a) A center shall develop, implement, and enforce
policies for the provision and coordination of treatment and services.
(b) The center is responsible for all care provided
to center clients on its licensed premises.
(c) A center and the client shall have a written agreement
for services. The center shall obtain an acknowledgment of receipt
of the agreement. The center shall comply with the terms of the agreement.
The written agreement shall include, the following:
(1) services to be provided;
(2) who will provide the services; and
(3) charges for services rendered.
(d) When services are provided through a contract,
a center must assure that these services are also provided in a safe
and effective manner. If a center utilizes independent contractors,
there shall be a written agreement between such independent contractors
(i.e., per hour, per visit) and the center. The agreement shall be
enforced by the center and clearly designate:
(1) that clients are accepted for care only by the
center;
(2) the services to be provided by both parties;
(3) the necessity to conform to the Act, this chapter,
and all applicable center policies, including personnel qualifications;
and
(4) the manner in which services will be coordinated
and evaluated by the center.
(e) A center shall not commit an intentional or negligent
act that adversely affects the health or safety of a client.
(f) A center must ensure that its licensed health care
professionals practice within the scope of their practice and within
the constraints of applicable state laws and regulations governing
their practice and must follow the facility's written policies and
procedures.
(g) A center may accept student midwives to provide
them with clinical experience.
(h) If a center has a contract or agreement with an
accredited school of health care to use their center for a portion
of a student's clinical experience, those students may provide care
under the following conditions.
(1) Students may be used in centers, provided the instructor
gives classroom supervision and assumes responsibility for all student
activities occurring within the center.
(2) A student may administer medications only if:
(A) on assignment as a student of their school of health
care; and
(B) the birth attendant within their licensed scope
of practice is on the premises and directly supervises the administration
of medication by the student.
(3) Students shall not be considered when determining
staffing needs required by the center.
(i) Balance Billing.
(1) A center may not violate a law that prohibits the
center from billing a patient who is an insured, participant, or enrollee
in a managed care plan an amount greater than an applicable copayment,
coinsurance, and deductible under the insured's, participant's, or
enrollee's managed care plan or that imposes a requirement related
to that prohibition.
(2) A center shall comply with Senate Bill 1264, 86th
Legislature, Regular Session, 2019, and with related Texas Department
of Insurance rules at 28 TAC Chapter 21, Subchapter OO, §§21.4901
- 21.4904 (relating to Disclosures by Out-of-Network Providers) to
the extent this subchapter applies to the center.
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