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RULE §382.115Family Planning Program Providers

(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.

Source Note: The provisions of this §382.115 adopted to be effective July 1, 2016, 41 TexReg 4630; amended to be effective May 16, 2024, 49 TexReg 3199

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