Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 229 - FOOD AND DRUG
Subchapter J - MINIMUM STANDARDS FOR NARCOTIC TREATMENT PROGRAMS
Section 229.144 - State and Federal Statutes and Regulations

Universal Citation: 25 TX Admin Code ยง 229.144

Current through Reg. 49, No. 38; September 20, 2024

(a) A permit holder shall assure that the narcotic treatment program (NTP) is in compliance with all State of Texas laws and rules regulating chemical dependency treatment facilities including the following laws: Texas Health and Safety Code Chapters 464 and 466; the Medical Practice Act, Texas Occupations Code Chapters 151-160 and 162-165; the Nurse Practice Act, Texas Occupations Code Chapter 301; the Texas Pharmacy Act, Texas Occupations Code Chapters 551-566; and the Licensed Professional Counselor Act, Texas Occupations Code Chapter 503.

(b) The permit holder shall assure the NTP is in compliance with Title 42, Code of Federal Regulations, Part 8. To the extent that the Code of Federal Regulation conflicts with these sections, these sections shall prevail.

(c) An NTP shall comply with the following balance billing requirements.

(1) An NTP may not violate a law that prohibits the NTP from billing a patient who is an insured, participant, or enrollee in a managed care plan an amount greater than an applicable copayment, coinsurance, and deductible under the insured's, participant's, or enrollee's managed care plan or that imposes a requirement related to that prohibition.

(2) An NTP shall comply with Senate Bill 1264, 86th Legislature, Regular Session, 2019, and with related Texas Department of Insurance rules at 28 TAC Chapter 21, Subchapter OO, §§21.4901 -21.4904 (relating to Disclosures by Out-of-Network Providers) to the extent this subchapter applies to the NTP.

(d) An NTP shall comply with the itemized bill requirements under Texas Health and Safety Code § 185.002.

(e) All citations in these sections to statutes or regulations include those statutes or regulations as amended.

(f) An NTP shall not discriminate based on a patient's disability and shall comply with Texas Health and Safety Code Chapter 161, Subchapter S.

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