(a) Procedures. An FPP health-care provider must:
(1) be enrolled as a Medicaid provider in accordance
with Chapter 352 of this title (relating to Medicaid and Children's
Health Insurance Program Provider Enrollment);
(2) must complete the FPP certification process as
described in subsection (g) of this section; and
(3) must comply with the requirements set out in Chapter
354, Subchapter A, Division 1 of this title (relating to Medicaid
Procedures for Providers).
(b) Requirements. An FPP health-care provider must
ensure that:
(1) the FPP health-care provider does not perform or
promote elective abortions outside the scope of FPP and is not an
affiliate of an entity that performs or promotes elective abortions;
and
(2) in offering or performing an FPP service, the FPP
health-care provider:
(A) does not promote elective abortion within the scope
of FPP;
(B) maintains physical and financial separation between
its FPP activities and any elective abortion-performing or abortion-promoting
activity, as evidenced by the following:
(i) physical separation of FPP 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 FPP health-care 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 FPP 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
FPP services and the absence of signs or materials promoting elective
abortion in the FPP health-care provider's location or in the FPP
health-care 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 FPP 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 health-care
provider;
(2) furnishing or displaying to an FPP client information
that publicizes or advertises an elective abortion service or health-care
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 FPP health-care
provider must provide HHSC with all information HHSC requires to determine
the provider's compliance with this section.
(e) Certification. Upon initial application for enrollment
in FPP, an FPP contractor must certify its compliance with subsection
(b) of this section and any other requirement specified by HHSC. Each
FPP contractor must annually certify that the contractor complies
with subsection (b) of this section.
(f) Provider disqualification. If HHSC determines that
an FPP health-care provider fails to comply with subsection (b) of
this section, HHSC disqualifies the FPP health-care provider from
providing FPP services under this subchapter.
(g) Client assistance and recoupment. If an FPP health-care
provider is disqualified from providing FPP services under this subchapter,
HHSC takes appropriate action to:
(1) assist an FPP client to find an alternate health-care
provider; and
(2) recoup any funds paid to a disqualified provider
for FPP services performed during the period of disqualification.
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