SECTION 229.144. State and Federal Statutes and Regulations

(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, but not limited to, the following laws: Health and Safety Code, Chapters 464 and 466; the Medical Practice Act, Occupations Code, Chapters 151-160, and 162-165; the Nurse Practice Act, Occupations Code, Chapter 301; the Texas Pharmacy Act, Occupations Code, Chapters 551-566; and the Licensed Professional Counselor Act, Occupations Code, Chapter 503.

(b) The permit holder shall assure the NTP is in compliance with Title 42, Code of Federal Regulations, Part 8, titled, "Opioid Drugs in Maintenance and Detoxification Treatment of Opiate Addiction." To the extent that the Code of Federal Regulation conflicts with these sections, these sections shall prevail.

(c) Balance Billing.

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

(e) An NTP shall not discriminate based on a patient's disability and shall comply with Texas Health and Safety Code Chapter 161, Subchapter S (relating to Allocation of Kidneys and Other Organs Available for Transplant).

Source Note: The provisions of this §229.144 adopted to be effective September 3, 1990, 15 TexReg 4823; amended to be effective September 1, 1992, 17 TexReg 5545; amended to be effective December 31, 2001, 26 TexReg 10871; amended to be effective January 1, 2005, 29 TexReg 11980; amended to be effective April 15, 2021, 46 TexReg 2423; amended to be effective January 6, 2022, 46 TexReg 9308