| (a) Procedures. An FPP provider must:
(1) be enrolled as a Medicaid program provider in accordance
with Chapter 352 of this title (relating to Medicaid and Children's
Health Insurance Program Provider Enrollment);
(2) comply with subsection (b) of this section;
(3) must complete the FPP certification process as
described in subsection (e) of this section; and
(4) 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 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 a covered service, the
FPP 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 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 provider's location or in the FPP 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 provider;
(2) furnishing or displaying to an FPP client information
that publicizes or advertises an elective abortion service or 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 provider
must provide HHSC with all information HHSC requires to determine
the provider's compliance with this section.
(e) Certification. Before initially providing covered
services, an FPP grantee must certify its compliance with subsection
(b) of this section using an HHSC-approved form and any other requirement
specified by HHSC.
(f) FPP provider disqualification. If HHSC determines
that an FPP provider fails to comply with subsection (b) of this section,
HHSC disqualifies the provider from providing FPP services under this
subchapter.
(g) Client assistance and recoupment. If an FPP provider
is disqualified from providing FPP services under this subchapter,
HHSC takes appropriate action to:
(1) assist a client to find an alternate FPP provider;
and
(2) recoup any funds paid to a disqualified provider
for covered services performed during the period of disqualification.
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