1. (a) An emergency medical service (EMS) provider who operates or intends to operate a subscription program for the provision of emergency medical services within the provider service area shall meet all the requirements for an EMS provider license as established by the Health and Safety Code, Chapter 773, and rules adopted thereunder. In addition, the EMS provider shall have a written authorization from the governmental entity for the provision of emergency prehospital care within that governmental service area.
2. (b) The EMS provider shall submit a copy of the contract for subscription service and/or the application used to enroll participants.
3. (c) The EMS provider shall submit a copy of the advertising used to promote the subscription service at the time of application for an EMS provider license. The EMS provider shall maintain a current file of all advertising for the service.
4. (d) The EMS provider shall comply with all state and federal regulations regarding billing and reimbursement for participants in the subscription service.
5. (e) The EMS provider shall secure a surety bond in the amount equal to the funds to be subscribed. The surety bond must be issued by a company licensed by or eligible to do business in the State of Texas.
6. (f) The requirement for the surety bond may be waived if the provider submits satisfactory evidence of self insurance or the provider has a contract for service with a governmental entity which insures the contract.
7. (g) An EMS provider who provides subscription service shall not deny emergency medical services to nonsubscribers or subscribers of noncurrent status.
8. (h) After verification by the department of compliance with the requirements in this section, the provider shall be sent a letter approving the subscription program. A provider shall not advertise or sell subscriptions until formal approval from the department has been received.
9. (i) The subscription program may be reviewed by the department during spot inspections and shall be reviewed at least every two years when the provider license is renewed.
10. (j) The provider shall submit the names and addresses of subscribers to the department within 30 days after the close of their annual enrollment period or by August 31st each year if the provider does not have an established enrollment period.
11. (k) Failure to comply with the requirements in this section may result in disciplinary action as in §157.19 of this title (relating to Emergency Suspension, Suspension, Probation, Revocation of a License, and Administrative Penalty).

Source Note:The provisions of this §157.16 adopted to be effective August 1, 1990, 15 TexReg 4003; amended to be effective June 22, 1995, 20 TexReg 4238.