The following words and terms, when used in the sections under this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Emergency medical condition--A medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain), such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical care could result in:

   1. (A) placing the patient's health in serious jeopardy;
   2. (B) serious impairment to bodily functions;
   3. (C) serious dysfunction of any bodily organ or part;
   4. (D) serious disfigurement; or
   5. (E) in the case of a pregnant woman, serious jeopardy to the health of the fetus.
2. (2) Emergency services--Covered inpatient and outpatient services that are furnished by a provider who is qualified to furnish such services under a Medicaid provider agreement and are services which are needed to evaluate or stabilize an emergency medical condition.

Source Note:The provisions of this §354.2401 adopted to be effective April 2, 2000, 25 TexReg 2817; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4563.