| (a) A licensee may accept prepayment for services planned
but not yet delivered, but must provide the following:
(1) The plan must be cancellable by either party at
any time for any reason without penalty of any kind to the patient.
(2) Upon cancellation of the plan the patient shall
receive a complete refund of all fees paid on a pro rata basis of
the number of treatments provided compared to total treatments contracted.
(3) The plan must provide for a limited, defined number
of visits.
(4) The patient's file must contain the proposed treatment
plan, including enumeration of all aspects of evaluation, management,
and treatment planned to therapeutically benefit the patient relative
to the condition determined to be present and necessitating treatment.
(A) The patient's financial file must contain documents
outlining any necessary procedures for refunding unused payment amounts
in the event that either the patient or the doctor discharge the other's
services or therapeutic association.
(B) The treatment plan in such cases where prepayment
is contracted must contain beginning and ending dates and a breakdown
of the proposed treatment frequency.
(5) A contract for services and consent of treatment
document must be maintained in the patient's file that specifies the
condition for which the treatment plan is formulated.
(6) If nutritional products or other hard goods including
braces, supports, or patient aids are to be used during the proposed
treatment plan, the patient documents must state whether these items
are included in the gross treatment costs or if they constitute a
separate and distinct service or fee.
(b) This rule does not create any exemptions from any
requirements applicable under the Texas Insurance Code.
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| Source Note: The provisions of this §75.5 adopted to be effective January 29, 2015, 40 TexReg 379; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963 |
