Section 371.1605 - Provider Responsibility(a) A Medicaid or other HHS provider is responsible for: (1) the provider's own actions and omissions; and(2) the actions and omissions of the provider's affiliates, employees, contractors, vendors, and agents.(b) All persons and affiliates who participate in the Medicaid and other HHS programs are required to know: (1) federal and state law, including rules and regulations, that govern Medicaid or other HHS programs during the period of time that the person participates;(2) the portions of the Texas Medicaid Provider Procedures Manual regarding the services that the person provides, including provisions that are applicable to all providers;(3) other HHS program and procedure manuals and other official program manuals and publications;(4) all publicly available official interpretations, explanations, or bulletins regarding services the person provides;(5) the contents of any provider enrollment agreement or application;(6) any applicable managed care contractual or publicly available policy provisions related to HHS program integrity;(7) federal sentencing guidelines and United States Department of Health and Human Services guidelines governing corporate compliance programs; and(8) federal and state privacy and security laws and regulations regarding use and disclosure of protected health information and to have the appropriate protocols in place in the event of a breach of these standards.(c) A Medicaid or other HHS provider's responsibility under subsection (a)(2) of this section does not absolve the provider's affiliates, contractors, vendors, or agents from their own personal responsibility and liability.1 Tex. Admin. Code § 371.1605
The provisions of this §371.1605 adopted to be effective October 14, 2012, 37 TexReg 7989; Amended to be effective April 15, 2014, 39 TexReg 2833