SECTION 382.115. Family Planning Program Health-Care Providers

(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.

Source Note: The provisions of this §382.115 adopted to be effective July 1, 2016, 41 TexReg 4630