(a) Procedures. An HTW 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) complete the HTW certification process as described
in subsection (e) of this section; and
(3) 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 HTW provider must ensure that:
(1) the HTW provider does not perform or promote elective
abortions outside the scope of HTW and is not an affiliate of an entity
that performs or promotes elective abortions; and
(2) in offering or performing an HTW service, the HTW
provider:
(A) does not promote elective abortion within the scope
of HTW;
(B) maintains physical and financial separation between
its HTW activities and any elective abortion-performing or abortion-promoting
activity, as evidenced by the following:
(i) physical separation of HTW 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 HTW 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 HTW 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
HTW and the absence of signs or materials promoting elective abortion
in the HTW provider's location or in the HTW 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 HTW client (such as making an appointment, obtaining
consent for the elective abortion, arranging for transportation, negotiating
a reduction in an elective abortion health-care 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 HTW 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 HTW provider
must provide HHSC with all information HHSC requires to determine
the HTW provider's compliance with this section.
(e) Certification. Upon initial application for enrollment
in HTW, a health-care provider must certify its compliance with subsection
(b) of this section and any other requirement specified by HHSC. Each
health-care provider enrolled in HTW must annually certify that the
HTW provider complies with subsection (b) of this section.
(f) HTW provider disqualification. If HHSC determines
that an HTW provider fails to comply with subsection (b) of this section,
HHSC disqualifies the HTW provider from HTW.
(g) Client assistance and recoupment. If an HTW provider
is disqualified, HHSC takes appropriate action to:
(1) assist an HTW client to find an alternate HTW provider;
and
(2) recoup any funds paid to a disqualified HTW provider
for HTW services performed during the period of disqualification.
(h) Exemption from initial certification. The initial
application requirement of subsection (g) of this section does not
apply to a health-care provider that certified and was determined
to be in compliance with the requirements of the Texas Women's Health
Program administered by HHSC pursuant to Texas Human Resources Code
§32.024(c-1).
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