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RULE §73.41Sale of Laboratory Services

(a) Purpose. This section details the procedures concerning the sale of laboratory services by the Department of State Health Services (department). Certain of these services are set out by rule with specific charges for each listed service, as found in §73.54 and §73.55 of this title (relating to Fee Schedule for Clinical Testing and Newborn Screening and Fee Schedule for Chemical Analyses). Provision of those listed services by the department may or may not involve a contract, at the department's discretion. Other services, not found in those fee schedules, that the department elects to sell will be memorialized in a contract between the department and the purchaser of such service(s). Entities which the department may contract with for the sale of laboratory services are limited to those found at Health and Safety Code, §12.0122. At the department's discretion, tests designated to be performed at a particular department laboratory may be performed at any of the department laboratories.

(b) Definition of laboratory services. Laboratory services include the sale of the following services: the evaluation and/or testing of samples, and the subsequent reporting of test or evaluation results for samples submitted to the laboratory; certification, accreditation or approval of milk and shellfish laboratories and milk analysts; and special projects. Laboratory Services, as limited by Health and Safety Code, §12.0122, do not include services related to tissue and cytology specimens except for pap smears for recipients under federally funded programs.

(c) Charges. Fees for the sale of laboratory services found in the fee schedules at §73.54 and §73.55 of this title were calculated to recover the department's costs associated with such activities. When laboratory services outside of those fee schedules are sold under this section, the contract executed for that sale shall include charges for the services in question which recover the department's costs associated with such activities.

(d) Other contracts. This section does not affect department contracts that are not governed by Health and Safety Code, §12.0122.

(e) Fees. A schedule of all fees is available upon request from the Department of State Health Services, 1100 West 49th Street, Austin, TX 78756-3199, (512) 776-7318.It is also available online in the Laboratory Testing Services Manual (currently found at http://www.dshs.state.tx.us/lab).

(f) Payment of charges.

  (1) The department will determine whether a charge must be paid with submission of the specimen or whether the department will bill later for the charge, unless otherwise stated in this section.

  (2) A charge paid is non-refundable.

  (3) Failure to pay a charge in a timely manner may result in the department's refusal to accept specimens or samples until all delinquent charges are paid.

Source Note: The provisions of this §73.41 adopted to be effective November 10, 2002, 27 TexReg 10386; amended to be effective April 16, 2006, 31 TexReg 3034; amended to be effective October 10, 2012, 37 TexReg 8020; amended to be effective September 1, 2014, 39 TexReg 6479

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