Current through Reg. 49, No. 38; September 20, 2024
(a) Procedures. An FPP health-care 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) must complete the FPP certification
process as described in subsection (g) of this section; and
(3) 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 health-care
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 an FPP service, the FPP health-care 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 health-care 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 health-care provider's
location or in the FPP health-care 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 health-care provider;
(2) furnishing or displaying to an FPP 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 FPP health-care provider must provide
HHSC with all information HHSC requires to determine the provider's compliance
with this section.
(e)
Certification. Upon initial application for enrollment in FPP, an FPP
contractor must certify its compliance with subsection (b) of this section and
any other requirement specified by HHSC. Each FPP contractor must annually
certify that the contractor complies with subsection (b) of this
section.
(f) Provider
disqualification. If HHSC determines that an FPP health-care provider fails to
comply with subsection (b) of this section, HHSC disqualifies the FPP
health-care provider from providing FPP services under this
subchapter.
(g) Client assistance
and recoupment. If an FPP health-care provider is disqualified from providing
FPP services under this subchapter, HHSC takes appropriate action to:
(1) assist an FPP client to find an alternate
health-care provider; and
(2)
recoup any funds paid to a disqualified provider for FPP services performed
during the period of disqualification.
