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.4 Tex. Admin. Code § 30.166
The provisions of this §30.166 adopted to be effective March 21, 2004, 29 TexReg 2640; transferred effective October 1, 2011, as published in the Texas Register December 23, 2011, 36 TexReg 9011; amended by Texas Register, Volume 39, Number 52, December 26, 2014, TexReg 10403, eff. 1/1/2015