Texas Register, Volume 34, Number 4, Pages 393-490, January 23, 2009 Page: 404
393-490 p. ; 28 cm.View a full description of this periodical.
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section before submitting the claim for payment tothe department or i
designee. The documentation iw made i the same manner a required
u1.ol Iu.,- ., - u~,., U,,-.aLIc,., LC1US,.,
by federal reguatiens under Medicare.]
(d) [()] Delegated services. If the attending physician dele-
gates health care tasks to a qualified physician's assistant or advanced
practice nurse [in a nursing facility], the services are covered if the
supervision or delegation is consistent with the rules and regulations
of the Texas Medical Board [Texas State Board of Medical Examin-
ers]. Services provided by physician's assistants and advanced practice
nurses [i nursing facilities] must be consistent with applicable rules,
regulations, and laws. If the supervision of the delegated task is not ap-
propriately documented in the patient's chart, any payment for services
may be recouped.
f(W A physician may bill for the service of a substitute physi-
cian who sees patients inh b killing physician's practice under either an
informal arrangement f les than 44 days r under a formal arrange-
ment of up to 90 days as otherwise specified by h department .
The substituting physician's name and address must be documented on
theelaim.
(e) Services provided by a physician assistant or advanced
practice nurse. If the services are provided by a physician assistant
or[L] advanced practice nurse [e anesthesiologist assistant], practicing
within the scope of their license and based on protocols which have
been agreed to and signed by their supervising licensed physician, the
physician services are covered.
(f) Substitute physician. A physician may bill for the services
of a substitute physician who sees patients in the billing physician's
practice under either a reciprocal or locum tenens arrangement. To
qualify for reimbursement, the billing physician and substitute physi-
cian must comply with the following requirements:
(1) The substitute physician's name and address must be
documented on the claim.
(2) The substitute physician must be licensed to practice in
the state of Texas.
(3) Consistent with the requirements of 371.1615 and
371.1677 of this title (relating to Provider Responsibility and Obliga-
tion of All Health Care Providers Regarding Exclusion, respectively),
the substitute physician must not be on the Medicaid or Title XX
provider exclusion list.
(4) The time period for which a physician may bill for the
services of a substitute physician is limited to the following situations:
(A) When the billing physician is absent or unavailable
for reasons other than active duty as a member of a reserve component
of the U.S. Armed Forces, services provided by a substitute physician
after the 60th day must be provided by and billed under the substitute
physician's own Medicaid provider number.
(B) When the billing physician is absent or unavailable
due to active duty as a member of a reserve component of the U.S.
Armed Forces, the billing physician may bill for the services of a sub-
stitute physician for a period of 60 days or a longer continuous period
during all of which the billing physician has been called or ordered to
active duty as a member of a reserve component of the Armed Forces.
Medicaid may reimburse the billing physician for services provided by
the substitute physician until the billing physician is no longer on ac-
tive duty as a member of a reserve component of the Armed Forces.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on January 12,
2009.
TRD-200900108
Steve Arag6n
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: February 22, 2009
For further information, please call: (512) 424-6900
TITLE 22. EXAMINING BOARDS
PART 22. TEXAS STATE BOARD OF
PUBLIC ACCOUNTANCY
CHAPTER 501. RULES OF PROFESSIONAL
CONDUCT
SUBCHAPTER C. RESPONSIBILITIES TO
CLIENTS
22 TAC 501.71
The Texas State Board of Public Accountancy (Board) proposes
an amendment to 501.71, concerning Receipt of Commissions
and Other Compensation.
The amendment to 501.71 will add language that permits CPAs
to provide an estimate of the amount of the CPAs commission
for services or products recommended or sold by him when the
exact amount is unknown.
William Treacy, Executive Director of the Board, has determined
that for the first five-year period the proposed amendment will be
in effect:
A. the additional estimated cost to the state expected as a result
of enforcing or administering the amendment will be none.
B. the estimated reduction in costs to the state and to local gov-
ernments as a result of enforcing or administering the amend-
ment will be none.
C. the estimated loss or increase in revenue to the state as a
result of enforcing or administering the amendment will be none.
Mr. Treacy has determined that for the first five-year period the
amendment is in effect the public benefits expected as a result
of adoption of the proposed amendment will be a better under-
standing of the CPAs required disclosure of commissions and
other compensations.
The probable economic cost to persons required to comply with
the amendment will be insignificant.
Mr. Treacy has determined that a Local Employment Impact
Statement is not required because the proposed amendment will
not affect a local economy.
Mr. Treacy has determined that the proposed amendment will
not have an adverse economic effect on small businesses be-
cause the amendment does not impose any duties or obligations
upon small businesses.
Mr. Treacy has determined that an Economic Impact Statement
and a Regulatory Flexibility Analysis are not required because34 TexReg 404 January 23, 2009 Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 4, Pages 393-490, January 23, 2009, periodical, January 23, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90836/m1/12/: accessed May 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.