SECTION 30.166. Contract Requirements

The department will execute a written contract with each community selected concerning use of the state matching funds allocated under this program. The contract must include, but is not limited to, the following provisions:

(1) the community has obtained a credit check and information concerning the participating physician's professional background from reputable sources, including the National Practitioner Data Bank or its successor;

(2) the community will retain interest (title or ownership) in any property, equipment, or durable goods purchased with state or local matching funds disbursed under this program for a period of seven years;

(3) the community has executed a contract with an eligible physician containing at least the following provisions:

(A) the physician shall engage in clinical practice in the supporting community for at least two years following disbursement of the state funds;

(B) during the two-year service obligation, the physician shall not discriminate among patients seeking care based on their ability to pay or whether payment will be made through Medicaid or Medicare;

(C) the physician shall complete and submit provider enrollment applications for Medicare and the Texas Medicaid program, and shall accept Medicare assignment if enrolled; and

(D) the physician shall set his or her charges at the prevailing rate for the area and shall utilize a sliding fee scale based on the client's ability to pay;

(4) the community will make reasonable efforts to locate the physician's practice at a site readily accessible to a majority of area residents;

(5) the community will make a good faith effort to contract with a physician whose practice specialty is appropriate to serve the primary health care needs of area residents; and

(6) the community will attempt in good faith to replace a participating physician as quickly as possible after the physician fails to fulfill his or her two-year practice obligation, but the community may seek a replacement physician for no more than six months.

Source Note: The provisions of this §30.166 adopted to be effective January 1, 2015, 39 TexReg 10395