SECTION 550.3. Limitations

(a) Requirements established by private or public funding sources such as health maintenance organizations or other private third-party insurance, Medicaid (Title XIX of the Social Security Act), Medicare (Title XVIII of the Social Security Act), or state-sponsored funding programs are separate and apart from the requirements in this chapter for a center. Notwithstanding the funding source requirements that apply, a center must comply with the applicable provisions of THSC Chapter 248A and this chapter. A center is responsible for researching the availability of funding to pay for the services the center provides.

(b) Admission to a center is not intended to supplant a minor's right to a Medicaid private duty nursing benefit when private duty nursing is medically necessary for the minor.

(c) The services of a center must not supplant services afforded to a minor by the Individuals with Disabilities Education Act, United States Code, Title 20, §1400 et seq., and Section 504 of the Rehabilitation Act of 1973, United States Code, Title 29, §794. A center must not act as the primary education provider or accept a delegation of responsibility for the provision of a minor's education from an education provider, such as a local education agency.

Source Note: The provisions of this §550.3 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875