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(a)Billing Requirements.
(1)A licensee must bill clients or third parties for
only those services actually rendered or as agreed to by mutual understanding
at the beginning of services or as later modified by mutual written
agreement.
(2)Relationships between a licensee and any other
person used by the licensee to provide services to a client must be
so reflected on billing documents.
(3)Pursuant to Texas Health and Safety Code, Chapter
611, on the written request of a client, a client's guardian, or a
client's parent (sole managing, joint managing or possessory conservator)
if the client is a minor, a licensee must provide, in plain language,
a written explanation of the types of treatment and charges for counseling
treatment intervention previously made on a bill or statement for
the client. This requirement applies even if the charges are to be
paid by a third party.
(4)A licensee may not knowingly overcharge a client.
(5)With the exception of an unkept appointment, a
licensee may not submit to a client or a third party payor a bill
for counseling treatment intervention the licensee knows or should
know is improper, unreasonable, or unnecessary.
(b)In accordance with §503.401(a)(4) of the Act,
a licensee must not intentionally or knowingly offer to pay or agree
to accept any remuneration directly or indirectly, overtly or covertly,
in cash or in kind, to or from any person, firm, association of persons,
partnership, corporation, or entity for securing or soliciting clients
or patronage.
(c)A licensee employed or under contract with a chemical
dependency facility or a mental health facility must comply with the
requirements in the Texas Health and Safety Code, §164.006, relating
to soliciting and contracting with certain referral sources. Compliance
with the Treatment Facilities Marketing Practices Act, Texas Health
and Safety Code Chapter 164, will not be considered as a violation
of state law relating to illegal remuneration.
The
agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on March 20, 2023
TRD-202301108 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 30, 2023
For further information, please call: (512) 305-7706
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