1. (a) General Requirements.

   1. (1) Before the provision of any services, the licensee and the recipient of psychological services reach an agreement specifying the compensation and billing arrangements.
   2. (2) If services are not paid for as agreed, the licensee shall not utilize a collection agency or legal measures to collect the fees until after the licensee has first informed the affected party that such measures will be taken and the party has been provided with a reasonable opportunity to make prompt payment.
   3. (3) Licensees shall not withhold records solely because payment has not been received unless specifically permitted by law.
   4. (4) In reporting their services to third-party payers, licensees accurately state the nature, date and fees for the services provided, and the identity of the person(s) who actually provided the services.

2. (b) Ethical and Legal Requirements.

   1. (1) Licensees do not engage in fraudulent billing.
   2. (2) Licensees do not misrepresent their fees.
   3. (3) Licensees do not overcharge or otherwise exploit recipients of services or payers with respect to fees.
   4. (4) Licensees do not receive payments from or divide fees with another health care provider in exchange for professional referrals.
   5. (5) A licensee does not participate in bartering if it is clinically contra-indicated or if bartering has the potential to create an exploitative or harmful dual relationship.

Source Note:The provisions of this §465.15 adopted to be effective June 3, 1999, 24 TexReg 4017; amended to be effective March 13, 2000, 25 TexReg 2061; amended to be effective December 10, 2002, 27 TexReg 11545; amended to be effective September 10, 2007, 32 TexReg 6156.