|(a) Purpose. This section details the procedures concerning
the sale of laboratory services by the Department of State Health
Services (department). Particular services, with specific charges
for each listed service, are found on the Laboratory Services Section
(LSS) website (www.dshs.texas.gov/lab). Provision of those listed
services by the department may or may not involve a contract, at the
department's discretion. Other services not found in the LSS Public
Fee Schedule that the department elects to sell will be memorialized
in a contract between the department and the purchaser of such services.
Entities which the department may contract with for the sale of laboratory
services are limited to those found at Health and Safety Code, §12.0122.
At the department's discretion, tests designated to be performed at
a particular department laboratory may be performed at any of the
(b) Definition of laboratory services. Laboratory services
include the sale of the following services: the evaluation and testing
of samples, and the subsequent reporting of test or evaluation results
for samples submitted to the laboratory; certification, accreditation
or approval of milk and shellfish laboratories and milk analysts;
and special projects. Laboratory Services, as limited by Health and
Safety Code, §12.0122, do not include services related to tissue
and cytology specimens.
(c) Charges. Fees for the sale of laboratory services
to the public found on the LSS website were calculated to recover
the department's costs associated with such activities. When laboratory
services outside of the LSS Public Fee Schedule are sold under this
section, the contract executed for that sale shall include charges
for the services in question which recover the department's costs
associated with such activities.
(d) Other contracts. This section does not affect department
contracts that are not governed by Health and Safety Code, §12.0122.
(e) Fees. The LSS Public Fee Schedule is available
upon request from the Department of State Health Services, 1100 West
49th Street, Austin, TX 78756-3199, (512) 776-7318. It is also available
online at http://www.dshs.texas.gov/lab.
(f) Future updates for laboratory services and fees.
Changes to the LSS Public Fee Schedule will be posted on the LSS website
and made based on the business needs of the LSS and the public health
needs of the department. Changes to available laboratory testing and
related pricing may include implementing new testing methodologies
in the LSS, updating fees to reflect the cost of testing, and eliminating
certain low volume tests to make more efficient use of staff time
and to reduce costs. Any change in fees will be posted on the LSS
website for at least 90 days to allow for stakeholder input as well
as LSS customer communication regarding all changes to the LSS Public
Fee Schedule. After the period for stakeholder notification and input,
changes and amendments affecting the LSS Public Fee Schedule will
be added to the LSS Public Fee Schedule as soon as practicable. Changes
may include the following:
(1) the addition of new tests or deletion of low volume
tests as needed;
(2) an increase in fees for existing tests may be applied
to a test individually or collectively, but an individual test fee
would not be increased more than once per year;
(3) a decrease in fees for existing tests as needed;
(4) a change to the LSS Public Fee Schedule in response
to a declared public health emergency or outbreak situation. This
change may not include a formal process to receive stakeholder input
before implementing a new test in order to ensure a rapid public health
action. In the event of a declared public health emergency or outbreak,
the LSS may implement tests as required without contract provisions
or posting in the LSS Public Fee Schedule.
(g) Payment of charges.
(1) The department will determine whether a charge
must be paid with submission of the specimen or whether the department
will bill later for the charge, unless otherwise stated in this section.
(2) A charge paid is non-refundable.
(3) Failure to pay a charge in a timely manner may
result in the department's refusal to accept specimens or samples
until all delinquent charges are paid.
|Source Note: The provisions of this §73.41 adopted to be effective November 10, 2002, 27 TexReg 10386; amended to be effective April 16, 2006, 31 TexReg 3034; amended to be effective October 10, 2012, 37 TexReg 8020; amended to be effective September 1, 2014, 39 TexReg 6479; amended to be effective May 2, 2019, 44 TexReg 2158