Section 354.1312 - Conditions for ParticipationSubject to the specifications, conditions, limitations, and requirements established by the Health and Human Services Commission (HHSC) or its designee, a substance use disorder treatment provider must meet the following requirements:
(1) Except as provided in paragraph (2) of this section, be a facility that is licensed by HHSC, the state licensure authority, as a chemical dependency treatment facility.(2) For medication assisted treatment, be an HHSC-licensed chemical dependency treatment facility, an HHSC-licensed narcotic treatment program, or an appropriately trained physician or other qualified prescriber acting within the scope of his or her licensure.(A) Medication assisted treatment using methadone for opioid use disorder may only be provided by an HHSC-licensed narcotic treatment program in compliance with 42 Code of Federal Regulations Part 8 Medication Assisted Treatment for Opioid Use Disorders.(B) Appropriately trained physicians, and other qualified prescribers, as specified in the Texas Medicaid Provider Procedures Manual, may also provide medication assisted treatment using medications other than methadone. To prescribe buprenorphine for the treatment of opioid use disorder, these prescribers must meet any additional federal prescribing requirements.(3) Provide, at a minimum, the standard services required by HHSC for licensure, as determined by the type of substance use disorder services it provides.(4) Comply with all applicable federal, state, and local laws and regulations.(5) Be enrolled and approved for participation in the Texas Medicaid Program.(6) Sign a written provider agreement with HHSC or its designee. By signing the agreement, the treatment provider agrees to comply with the terms of the agreement and all requirements of the Texas Medicaid Program, including regulations, rules, handbooks, standards, and guidelines published by HHSC or its designee.(7) Bill for services covered by the Texas Medicaid Program in the manner and format prescribed by HHSC or its designee.1 Tex. Admin. Code § 354.1312
The provisions of this §354.1312 adopted to be effective July 1, 1990, 15 TexReg 3431; transferred effective September 1, 1993, as published in the Texas Register September 7, 1993, 18 TexReg 5978; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4561; Amended to be effective January 1, 2011, 35 TexReg 10195; Amended by Texas Register, Volume 46, Number 32, August 6, 2021, TexReg 4845, eff. 8/10/2021